AMENDMENT No 2. to Partnership Agreement Between The U.S. Department Of Labor, Wage And Hour Division And Minnesota Department Of Labor And Industry

Amendment No 2 to Partnership Agreement Between The U.S. Department Of Labor, Wage And Hour Division And Minnesota Department Of Labor And Industry (PDF)

Pursuant to the Period of Agreement Section, the September 19, 2011 Partnership Agreement made and entered into by and between The United States Department of Labor’s Wage and Hour Division (hereinafter referred to as “WHD” or “Department”) and the Minnesota Department of Labor and Industry (hereinafter referred to as “Minnesota DLI”), together collectively referred to as “the agencies” or “the parties”, and renewed on October 24, 2014 for another 3 years, is hereby further renewed and will expire 3 years from the renewal date below, subject to the following changes to the Partnership Agreement:

The Exchange of Information section is revised to add the following paragraphs:

• Should either party receive a request or subpoena that would, fairly construed, seek production of privileged information that it received pursuant to this agreement, the party receiving such a request or subpoena shall take reasonable measures, including but not limited to asserting the common interest privilege, to preclude or restrict the production of such information for ten (10) business days, and shall promptly notify the donor agency that such a request or subpoena has been received, so that the donor agency may file any appropriate objections or motions, or take any other appropriate steps, to preclude or condition the production of such information.
• Neither party shall have authority to waive any applicable privilege or doctrine on behalf of the other party, nor shall any waiver of an applicable privilege or doctrine by the conduct of one party be construed to apply to the other party.
• The agencies will notify one another, through the agency POC identified in this agreement, upon commencement of litigation, a hearing, or other proceeding that may involve the release, through subpoena, introduction of written evidence, or testimony, of information exchanged under this agreement.

All other terms and conditions remain the same.

The September 19, 2011 Partnership Agreement, renewed along with Amendment 1 to the Partnership Agreement on October 17, 2014 is further renewed effective as of the 5th day of January, 2018.