Legal News

State and local government employers, especially those with less than 20 employees, should take note of the following decision by the Supreme Court. On November 6, 2018, in the case of Mount Lemmon Fire District v. Guido, the Supreme Court unanimously held that state and local government employers, regardless of size, must comply with the federal Age Discrimination in Employment Act ("ADEA").

Prior to this decision, the 8^th Circuit Court of Appeals, that governs Minnesota, was one of four federal circuit courts that held the ADEA did not apply to state entities (including political subdivisions) with fewer than twenty employees. In overturning that interpretation, the Supreme Court found that "the text of the ADEA's definitional provision, also its kinship to the FLSA and differences from Title VII, leave scant room for doubt that state and local governments are 'employer[s]' covered by the ADEA regardless of their size."

The Court of Appeals held that Medicaid discounts are not collateral sources subject to offset under Minnesota Statute §548.251 and Swanson v. Brewster. As a result, a plaintiff can collect the entire amount billed by a health care provider at trial, even if Medicaid paid less than the billed amount to satisfy the bill. 

The Willmar Rail Connector & Industrial Access Project (Willmar WYE) may impact Kandiyohi County homeowners and business owners along the planned route. A project of this type can raise many questions that are difficult to answer. Attorney Mike Rajkowski at Quinlivan & Hughes can answer questions or concerns you may have about your property being a part of the planned project. Quinlivan & Hughes Law Firm is experienced in dealing with matters such as right-of-way acquisitions, eminent domain, condemnation, and even relocation benefits. 

Due to power utility work by Xcel Energy in St. Cloud, Quinlivan & Hughes will be closed Tuesday, July 31 from 8:00 A.M. until 1:00 P.M. This will mean disruption in phone service and e-mail capabilities. We apoligize for the inconvienience. Please try to reach us again after 1:00 P.M.