Legal Opinion

In re Minn. Living Assistance, Inc.

Court of Appeals of Minnesota

Decided August 20, 2018No. A17-1821Published

1Opinion of the CourtLarkin, Judge

In this certiorari appeal, relator challenges a final agency decision granting *90summary disposition to affirm a compliance order issued by respondent Minnesota Department of Labor and Industry (the department) for violations of the Minnesota Fair Labor Standards Act (MFLSA), Minn. Stat. §§ 177.21 -.35 (2016). Because we conclude that genuine issues of material fact preclude a grant of summary disposition and that the department exceeded its authority by applying an unpromulgated rule, we reverse and remand for further proceedings.

FACTS

Relator Minnesota Living Assistance, Inc. d/b/a Baywood…

2Cases cited21 opinions

  1. Thiele v. StichSupreme Court of Minnesota · 1988
  2. Walling v. Helmerich & Payne, Inc.Supreme Court of the United States · 1944
  3. Arvig Telephone Co. v. Northwestern Bell Telephone Co.Supreme Court of Minnesota · 1978
  4. In Re the Civil Commitment of GiemSupreme Court of Minnesota · 2007
  5. Home Care Association v. David WeilCourt of Appeals for the D.C. Circuit · 2015

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