Winthrop & Weinstine, P.A.

Minnesota’s new paid family and medical leave law, signed into law at the end of the 2023 session, will be taking effect on January 1, 2026. As this effective date approaches, and given recent amendments passed during the 2024 legislative session, employers should pay close attention to the potential impact this law may have on their business and employment policies. Learn more about the law and its requirements from our Employment team: https://lnkd.in/d_86cgab #TeamWinthrop #EmploymentLaw #PaidLeave

We’re proud to share that 19 #TeamWinthrop attorneys have been named to the annual Super Lawyers list, which includes no more than 5% of lawyers in the state. From those selected, the magazine publishes a “Top 100” list, noting those who received the highest total points. This year’s list includes attorneys Thomas H. Boyd and Aimee Dayhoff! Additionally, Aimee Dayhoff has been named to the “Top 50 Women” list. We’re also thrilled to announce that 16 of our attorneys have been named as “Rising Stars,” a list of highly respected attorneys 40 years old or younger, comprising no more than 2.5% of the lawyers in the state. See the full list of recipients here: https://lnkd.in/duYpqmJE We’re honored that these exceptional individuals share their talents with Winthrop and their clients every day. Congratulations, all! Super Lawyers: David Aafedt Jeffrey Ansel Dan Beck Thomas H. Boyd Aimee Dayhoff Tami Diehm Christianna Finnern Jon Hoganson Tom Kettleson Christina Rieck Loukas Matt McBride David Pearson Laura Pfeiffer Brooks Poley Ryan Schildkraut Eric Swanson Todd B. Urness Robert Weinstine Joseph Windler Rising Stars: Olivia Cooper Joshua Curry Peter Economou Michael Gale-Butto Beth Schroeder Harper Katherine Johnson Amber Kraemer Kyle R. Kroll Sarah (Braman) Lovegreen (she/her) Jordan Mogensen Anne Paterson Joseph Phelps Catherine “Katie” Riihiluoma Quin Seiler Timothy Sitzmann Jessica Timmington Lindstrom

It isn’t often that a state recognizes a new cause of action, but that is just what the Minnesota Supreme Court has done. Following its decision in Alonzo v. Menholt, Minnesota now recognizes the tort of “negligent selection of an independent contractor,” which may have a significant impact (and potential for liability) on all Minnesota businesses. Read more from Kyle R. Kroll, Thomas H. Boyd, and Steven Vogel about the decision and its potential implications here: https://lnkd.in/gF32Be5p

During the 2024 session, the Minnesota Legislature passed and amended several statutes significantly impacting employment laws and the rights and responsibilities of employers in Minnesota. Understanding these changes can help employers minimize the risk of litigation and better handle any employment litigation that does occur. Join Winthrop attorneys Aimee Dayhoff, Tom Hanson, and Laura Pfeiffer for their upcoming webinar, "Employment Law Update: Delving Into the 2024 Legislative Changes to Minnesota Employment Laws," where they'll discuss the following statutory changes and more: • Pre-employment drug testing • Salary posting requirements • Restrictive employment covenants • Paid Family and Medical Leave Register here: https://lnkd.in/gXc_iJsm #EmploymentLaw #TeamWinthrop

Join Winthrop attorneys Catherine (Trina) Sjoberg and Katherine Johnson next Thursday, July 18, as they present at the HLAMN - Healthcare Leaders Association of Minnesota 2024 Summer Conference. Their discussion, “Maximizing your Professional Advisors to Minimize your Pain Points,” will demonstrate through case studies how healthcare executives and providers can utilize advisors to address issues in workforce, financial, recruitment and retention, and real estate. #HealthcareLeaders #TeamWinthrop

A ruling from the Northern District of Texas has created uncertainty for the future of the FTC’s rule banning non-compete agreements. The Texas court recently granted a limited stay and temporary injunction prohibiting enforcement and implementation of the FTC’s rule. While the decision applies only to the named plaintiff parties in the case, its impact on the upcoming September 4th effective date of the FTC’s rule remains to be seen. Learn more from our Employment team: https://lnkd.in/d5FrtDAx #EmploymentLaw #TeamWinthrop

The DOL’s new Overtime Rule, which increases the minimum salary that certain employees must be paid to qualify for the “white collar” exemption from overtime requirements, is now in effect. The rule, which has only been effective since yesterday, July 1st, has already faced legal challenges in the state of Texas, and more are expected to follow. Winthrop’s Employment team is actively monitoring ongoing litigation related to the Overtime Rule and will continue to provide updates as any subsequent litigation unfolds.     Read our full update on the new Overtime Rule and its legal challenges here: https://lnkd.in/gpZzw9zb    If you have questions about the new rule, its impact on your business, or the current legal challenges, please reach out to a member of our Employment team.     #EmploymentLaw #FLSA #OvertimeRule

Please join us in welcoming our three newest attorneys to #TeamWinthrop: Carsten Archer (Tax Credit Financing & Syndication), Rachel Kurth (Regulatory & Government Relations), and Kelsey Mellan (Employment Counseling). Each brings a unique set of skills and experience to the already-amazing team culture at Winthrop, and we’re excited to have them as part of our team. Learn more about them here: https://lnkd.in/gBt_PyiC #NewHires #LegalExcellence

Insurers take note! It is now easier than ever for insurers to raise objections in their insured’s bankruptcy proceedings. Previously, if an insured’s bankruptcy plan was “insurance neutral,” an insurer would not have standing to object. Plans were considered “insurance neutral” so long as they didn’t impair the insurance company’s contractual rights before or after filing of the bankruptcy petition. However, in Truck Insurance Exchange v. Kaiser Gypsum Co., Inc., et al, the opinion for which was issued just this month, the U.S. Supreme Court enumerated a new rule (and unanimously overturned the Fourth Circuit). The insurer in Truck Insurance Exchange objected to a bankruptcy plan which allowed uninsured claims to be put into a trust using a federal law for asbestos claims. Under the plan, the uninsured claimants were required to identify "all other [related] claims" and file a release authorizing the trust to obtain documentation from other asbestos trusts about other submitted claims, while the insured claims would progress through the standard tort process – thereby requiring the insurer to defend these claims without the added benefit of disclosures of related claims or the documentation from other trusts about other submitted claims. Additionally, disclosure by the uninsured claimants created a potential risk that the insurance company would be exposed to fraudulent and duplicative claims while the insured could reap the benefits of the disclosures by using a collusive agreement between itself and the uninsured claimants. The Court explained that bankruptcy can affect an insurer’s interests in many ways and that courts should not limit the insurance company’s standing rights to a determination of the plan’s impact on the insurer’s pre- or post-petition contractual obligations. The Court ultimately held that an insurer must merely have a financial responsibility for claims affected by its insured’s bankruptcy to raise objections in that proceeding – a much lower threshold for insurers to meet. #InsuranceLaw #BankruptcyLaw

Winthrop’s Summer Associate program is intended to provide a fun and realistic experience of the life and culture of the firm. In recognition of our commitment to community and diversity, our summer associates were able to enjoy a local St. Paul Saints Game during the team’s Pride Month celebrations.   #TeamWinthrop #SummerAssociates #LegalProfessionals