Brekke v. THM Biomedical, Inc.

I concur with the majority’s conclusion that Minn.Stat. § 181.79 (2002) applies to the loan deduction taken from Dr. Brekke’s wages without his consent. I respectfully dissent from the majority’s reaching a waiver and estoppel issues because they were not preserved on appeal and, even if they were, the record supports the district court’s rejection of the affirmative defenses.

The majority opinion has created a slippery judicial slope that erodes the protection of working people that was created by the legislature. The majority, in doing so, describes our precedent “that everyone is presumed…