b'You Got Served Updates to the Minnesota (with a Subpoena), Nursing Mothers Statute Now What? Erik L. Romsaas that many mothers must pump every couple of hours, and thisJustin S. Boschwitz scope of documents that can be requested in a subpoena is necessity may not always align with standard work breaks.612-877-5266|Justin.Boschwitz@lawmoss.com extremely broad and may include documents, electronically stored 612-877-5337|Erik.Romsaas@lawmoss.com information, and tangible things in a persons or business entitys LawMoss.com/people-erik-l-romsaas The second important change is that [a]n employer shall notLawMoss.com/people-justin-s-boschwitzJustin is a member of our Litigation team. His experience includespossession, custody, or control. The subpoena may even seek Erik is a member of our Business Law group. He advises clients onreduce an employees compensation for time used for theshareholder disputes and issues related to employment, intellectualaccess to the business premises to inspect records. a broad range of corporate, business, and financial matters acrosspurpose of expressing milk. This, along with the deletion ofproperty, and property tax. multiple industries.the word unpaid in reference to break time in the statute,Subpoenas for testimony are just thatsubpoenas commanding indicates that breaks for the purpose of expressing milk are nowSubpoenas are an important part of the litigation process inan individual or representative of a business or organization to compensable under Minnesota law.any case. In civil cases, parties are entitled to broad discovery oftestify at a deposition or trial. Leah E. DeGrazia relevant information under state and federal civil procedure rules. 612-877-5326|Leah.DeGrazia@lawmoss.com Minnesota employers must provide paid break times to lactatingSubpoenas are an effective and useful tool to obtain documentsNotably, a single subpoena could make a demand for documents LawMoss.com/people-leah-e-degrazia employees for the purpose of expressing breast milk. The lawor testimony from people or entities that are not directly involvedand testimony. It is common for a witness subpoenaed to testify Leah practices in the areas of Real Estate and Real Estate Finance. Leahrequires the breaks to be reasonable and allows an employer toin the lawsuit as a party.at a deposition to also be asked about documents that were represents clients through all stages of real estate and commercialdeny a break if it would unduly disrupt the employers operations.subpoenaed.finance transactions. However, employees who demand these reasonable break timesThus, even if you or your business is not involved in a lawsuit, cannot face retaliation for doing so. Specifically, an employeryou may still be served with a subpoena. This article provides aResponding to SubpoenasEmployer-employee relationships have changed in recent years.shall not retaliate against an employee for asserting rights orbasic overview of the types of subpoenas and what steps youIf you or your business is served with a subpoena, do not ignore Lockdowns, retirements, the great resignation, and calls forremedies under this subdivision. Under the prior version of theshould take once served with a subpoena to protect yourself orit hoping it will go away. Only the court can excuse you from flexible and remote work have impacted many employees.statute, the word may was used in place of shall, perhapsyour business.responding to a subpoena (i.e., quash a subpoena). Instead, A group particularly impacted by these changes is workingsuggesting that the requirement was optional. It is now clear thatimmediately contact your attorney to determine if there is any parentsespecially those who recently gave birth.employers cannot retaliate against lactating employees requestingWhat is a subpoena?basis to object to the subpoena, which may include:The Minnesota Legislature recently codified additional protectionsbreaks provided by the nursing mothers statute.Subpoenas are written orders compelling individuals or businessesTechnical grounds. There are specific rules about information for working mothers who breastfeed. Minn. Stat.181.939, alsoWhat constitutes a reasonable break is not defined in either theto provide testimony on a particular subject. An individual, ora subpoena must contain and who can issue a subpoena. referred to as the nursing mothers statute, was modified duringMinnesota statute or case law. The Federal Department of Laboroften, the representative of a business, is required to provideConsult with your attorney to determine if you can object to the 2021 legislative session, and the new statutory language tookhas issued guidance and factors to determine a Reasonable Breaktestimony on certain topics. Subpoenas can also serve as anthe subpoena on technical grounds.effect January 1, 2022. Changes to the nursing mothers statute,Time, though actual parameters remain undefined. According toorder compelling individuals or businesses to produce specific although few, are significant. The revisions also mirror changesthe guidance, [t]he act of expressing breast milk alone typicallydocuments for inspection. The documents sought are oftenImproper service. If you were not properly served with the other states have made to promote breastfeeding and to protecttakes about 15 to 20 minutes, but there are many other factorsidentified in an exhibit or appendix attached to the subpoena.subpoena, there may be a basis to bring a motion to quash. nursing mothers in the workplace.that will determine a reasonable break time. It is possible thatTypes of SubpoenasIt is important to consult with an attorney and determine what the specifics of what constitutes a reasonable break time formethod of service is required. Not all subpoenas are personally Prior language required that employers provide reasonableexpressing breast milk will become better defined through futureGenerally, there are two types of subpoenas used in civil practice:served. Some types of subpoenas also require that a witness or unpaid break time to employees who needed to express breastMinnesota court cases. Until then, many working mothers will(1) subpoenas commanding production or inspection of certainattendance fee be provided upon service. milk (colloquially, pump). The 2021 modifications deleted thebe happy to learn that the changes to this law provide nursingdocuments or access to inspect premises or records; and (2) word unpaid and changed time to times in recognitionsubpoenas requiring attendance and testimony at a depositionUndue burden or expense. If the subpoena seeks such that nursing mothers often must pump several times within themothers the right to take paid lactation breaks at work.or trial.extensive documents it will cause undue burden or expense, typical eight-hour workday. Though the statute does require, ifIf your company needs assistance creating or evaluating existingyour attorney may ask the court for a protective order to possible, that the employees lactation break run concurrentlyemployee policies for compliance with recent changes to the law,A subpoena to produce documents can be directed at individualsnarrow the scope of documents sought or to shift the costs of with other breaks (e.g., lunch), the updated language recognizesplease contact your attorney at Moss & Barnett. and businesses. Under the Federal Rules of Civil Procedure, theproduction to the requesting party.4 "You Got Served" Continued on Page 9 5'