Latest 2 Cases: In re Application of J.M.M. (Family Law), Graco, Inc. v. City of Minneapolis (Labor & Employment Law)

What Will the Court Say About Religious Freedom?

LESLIE C. GRIFFIN

UNLV Boyd School of Law professor Leslie C. Griffin comments on the oral argument the U.S. Supreme Court heard this week in Espinoza v. Montana Department of Revenue, which presents the justices with questions about the meaning of the Free Exercise and Establishment Clauses of the First Amendment. Griffin describes the questioning by the justices and predicts that the outcome in this case will demonstrate how many justices still believe in the separation of church and state.

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In re Application of J.M.M.

Docket: A17-1730

Opinion Date: January 22, 2020

Judge: David L. Lillehaug

Areas of Law: Family Law

The Supreme Court reversed the decision of the court of appeals affirming the conclusion of the district court that Mother had to notify her three children's biological father of her request to change the children's names, holding that where Mother was the only parent listed on her children's birth certificates and no one had been adjudicated as their father, Mother was the legal parent with authority to apply to change her children's names. At issue was the notice provision found in Minn. Stat. 259.10 relating to name-change applications on behalf of minors. The district court determined that the biological father had a legally recognized parent-child relationship with the eldest two children and was therefore entitled to notice of the name-change petitions. The court of appeals affirmed. The Supreme Court reversed, holding that because Mother was the only legal parent of her three minor children the district court erred when it determined that the biological father was a "parent" under section 259.10.

Graco, Inc. v. City of Minneapolis

Docket: A18-0593

Opinion Date: January 22, 2020

Judge: Lorie Skjerven Gildea

Areas of Law: Labor & Employment Law

The Supreme Court affirmed the decision of the court of appeals affirming the district court's conclusion that the Minnesota Fair Labor Standards Act (the MFLSA) does not preempt the ordinance enacted by the City of Minneapolis that requires employers to pay minimum-wage rates that are higher than the rates set forth in the MFLSA, holding that district court correctly ruled that the MFLSA does not preempt the ordinance. The MFLSA establishes the minimum wage Minnesota employers must pay their employees. At issue was whether the City's ordinance requiring employers to pay minimum-wage rates higher than the rates set forth in the MFLSA was preempted by the MFLSA. The district court determined that state law does not preempt the ordinance because the MFLSA sets a floor, not a ceiling, for minimum-wage rates. The Supreme Court affirmed, holding (1) the MFLSA sets a floor, which does not prohibit, but instead permits, employers to pay the higher wage the ordinance requires; and (2) the Legislature did not intend to occupy the field of minimum-wage rates through the MFLSA.