Complexity and Expense of Organizing the Business

Complexity and Expense of Organizing the Business

All businesses, regardless of their form, will encounter certain organizational costs. These costs can include developing a business plan, obtaining necessary licenses and permits, conducting market research studies, acquiring equipment, obtaining the advice of counsel, and other costs. Sole Proprietorship The sole proprietorship is the simplest form of organization, and the least expensive to establish….

Gallup Poll Survey Suggests Small Business Optimism Doesn’t Exist

Gallup Poll Survey Suggests Small Business Optimism Doesn’t Exist

A Gallup poll published on July 29, 2011 finds that small business optimism is nearly non-existent due to growing recession fears. The data suggests that any small business confidence in present financial conditions has been eroded by concerns over future revenues and recessionary pressures. According to Gallup, small-business owners’ future expectations for their operating environment…

Treasury Instructs IRS to Increase Audits of Returns with Rental Real Estate Income

Treasury Instructs IRS to Increase Audits of Returns with Rental Real Estate Income

The Internal Revenue Service (IRS) should increase its examinations of personal tax returns that report losses from rental real estate activity, according to a new audit report released publicly today by the Treasury Inspector General for Tax Administration (TIGTA). TIGTA’s report, “Actions are Needed in the Identification, Selection, and Examination of Individual Tax Returns with…

New Federal Income Tax Withholding Provisions For Contractors

New Federal Income Tax Withholding Provisions For Contractors

If you represent a government entity that makes payments to contractors for products or services—or you are a contractor yourself—you may be interested in learning more about the new federal income tax withholding provisions under Internal Revenue Code § 3402(t). These new provisions will need such payers to withhold three percent (3%) from certain payments…

Home Health Workers: Difference in Federal and Minnesota Wage & Hour Laws

Home Health Workers: Difference in Federal and Minnesota Wage & Hour Laws

Wages for employees are covered by both Federal and state wage and hour laws. The federal law that governs wage and overtime requirements is the Fair Labor Standards Act (FLSA) and the regulations established under that act. In most cases, the FSLA does not require employers to pay minimum wage or overtime to employees who…

When is a Minnesota Employee Entitled to Overtime Pay?

When is a Minnesota Employee Entitled to Overtime Pay?

Most workers who are paid an hourly wage and work more than 40 hours in a 7-day work week must be paid overtime. When paying overtime, a business must pay at least one and one-half times the worker’s regular hourly rate. Generally, employers cannot provide “comp” pay instead of paying overtime. For those employers not…

Liquidated Damages under the Family Medical Leave Act – Good Faith Defenses

Liquidated Damages under the Family Medical Leave Act – Good Faith Defenses

The federal Family Medical Leave Act (FMLA) provides that if an employer violates the FMLA, the employee may be entitled to “liquidated damages”. Liquidated damages are in essence a penalty, are in addition to actual damages and are calculated as an amount equal to: Wages, salary, employment benefits or other compensation denied or lost to…

When are Employees Entitled to Wages & Commissions?

When are Employees Entitled to Wages & Commissions?

Employers Must Promptly Pay Wages to Ex-Employees Minnesota Statutes require that employees be paid promptly upon the termination of their employment. The actual date that payment must be made depends upon whether the employee quit the job or was terminated. If the employee is fired, payment must be made immediately. See Minnesota Statutes section 181.13….

Keeping Track of Overtime – The U.S. Department of Labor has an App for That

Keeping Track of Overtime – The U.S. Department of Labor has an App for That

On May 9, 2011, the U.S. Department of Labor announced that it had come up with a new application for smart phones that will help employee keep track of their overtime. The free app is currently compatible with the iPhone and iPod Touch. The Labor Department will explore updates that could enable similar versions for…

Minnesota Employee Separation Agreement FAQ

Minnesota Employee Separation Agreement FAQ

In this video, you get answers to these questions about separation agreements, also known as severance agreements: What is a severance agreement? What questions should you ask before signing a severance agreement? What are you agreeing to when signing a severance agreement? What do attorneys look for in a severance agreement? Introduction Often a business…

Hire a Lawyer to Draft Your Contract Now to Avoid a Lawsuit Later

Hire a Lawyer to Draft Your Contract Now to Avoid a Lawsuit Later

Introduction With the advent of the internet, it is easy to find hundreds of samples of legal forms like contracts online for free. Some wonder why they should spend the money hiring an attorney to draft a partnership agreement, for example, when they can just as easily fill in the blanks on a form. If…

Birth Defects from Pharmaceutical Drugs During Pregnancy

Birth Defects from Pharmaceutical Drugs During Pregnancy

Prescription Drugs and Pregnancy Most women are aware of the need to monitor drugs, alcohol, and even their diet while pregnant. Whatever they ingest could affect the development of the baby. But, what about prescription drugs? Most women assume their doctor knows whether a prescription is safe to take during pregnancy and will warn her…

Minnesota Pregnancy Discrimination & Employee Rights

Minnesota Pregnancy Discrimination & Employee Rights

Pregnancy Discrimination Pregnancy itself can be an exciting, stressful, overwhelming experience. It also creates added stress for working women who have to decide how to tell their employer they are expecting and coordinate maternity leave. What happens when an employer is less than accommodating to a pregnant employee? Federal law provides that an employer cannot…

Minnesota Franchise Buying Tips from a Lawyer

Minnesota Franchise Buying Tips from a Lawyer

In Minnesota, a franchise is a popular way of starting or growing a business. Franchises include product and service companies. Special laws have been created to protect business owners buying into a franchise. Minnesota Franchise Laws Many states, such as Minnesota, have strict franchise laws. Minnesota has enacted a franchise statute called the Minnesota Franchise…

Minnesota Daycare Negligence: MN Daycare Abuse & Injury Attorney

Minnesota Daycare Negligence: MN Daycare Abuse & Injury Attorney

Choosing a daycare professional can be a difficult decision. It is hard for many parents to trust a stranger to care for their children. If a parent later discovers that the daycare has abused, mistreated, or neglected their child, it can be very traumatic. Parents may feel guilt about entrusting their child to the daycare…

How Minnesota Insurance Companies Handle a Personal Injury

How Minnesota Insurance Companies Handle a Personal Injury

Many times people struggle with what to do if they are injured by the negligence of a friend or family member. It can strain a relationship to sue someone, to say the least. What most people recognize, however, is that your friend or family member’s insurance company will likely handle the case. People purchase insurance…

Personal Injury Settlement Loans: The “It’s My Money” People

Personal Injury Settlement Loans: The “It’s My Money” People

Perhaps you have seen the commercials on TV with the people yelling, “It’s my money, and I want it NOW.” The ads are targeted towards people who are involved in personal injury lawsuits who are expecting settlements. They also apply to people who have what are called structured settlements – basically meaning that your settlement…

Bankruptcy Courts: Litigation and Appeals

Bankruptcy Courts: Litigation and Appeals

Each of the 94 federal judicial districts handles bankruptcy matters, and in almost all districts, bankruptcy cases are filed in the bankruptcy court. Bankruptcy cases cannot be filed in state court. Types of Bankruptcy Cases Each bankruptcy court hears a variety of bankruptcy cases. Debtors applying to the bankruptcy courts for financial relief may seek…

Minnesota Debt Collection: Garnishing Funds at a Financial Institution

Minnesota Debt Collection: Garnishing Funds at a Financial Institution

Once you have a judgment against a debtor, and know the debtor’s assets, you still have to collect on your judgment. One way to do that is to garnish funds the debtor has at a bank or other financial institution. The Garnishment Procedure: Step 1 – The Summons If the debtor has funds at a…