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…
Bankruptcy is the process through which an individual or business has the opportunity to have debts eliminated, or discharged, or the process through which an individual or business has the opportunity to pay back existing debts over a set number of years. Who May File for Bankruptcy? Not everyone is permitted to file for bankruptcy….
Old Couple Share A Moment by James Kendall I have represented a number of senior citizens who have been victims of a STOLI scam. This article explains the basics of the STOLI scam on seniors and what they can do to fight back. In short, the seniors should turn the tables on the STOLI…
You will see and hear many terms while investigating whether to file bankruptcy. You will also see and hear these terms repeatedly if you choose to file for bankruptcy. You will hear them from your attorney, see them in the documents you file, and hear them from both the court and from creditors. A simple…
The bankruptcy court system uses many terms in the course of its proceedings that may not be commonly understood. Many people will have some idea of the meaning of the terms without having complete understanding. The Importance of Understanding Bankruptcy Terminology If you are filing for bankruptcy, it is important to understand each term so…
You’ve probably seen houses with “No Soliciting” signs in their windows or on their doors. Non-solicitation agreements are quite different. “No Soliciting” signs on houses are requests that others not come ask the occupants for anything, including asking the occupants to purchase something. Non-solicitation agreements are generally among very different parties. A non-solicitation agreement isn’t…
Do you own a business and want to require your employees to keep your business’s information confidential? Are you an employee who is being asked by your employer to sign a confidentiality agreement? Purpose of Confidentiality Agreements A confidentiality agreement is a contract. Contracts are promises. Confidentiality agreements are used in situations where someone will…
A TRO is a Temporary Restraining Order issued by a Minnesota court judge. The most common type of TRO is for domestic abuse or threats of violence in the family context, but Temporary Restraining Orders are also used in a business context. Click here for information on Restraining Orders for Domestic Abuse Minnesota Business TRO…
Original creative works may be copyrighted in Minnesota. Copyrights in Minnesota do not have to be registered in order to be valid. Even if a copyright is unregistered, use or reproduction by another of the copyrighted material without permission of the copyright owner generally constitutes copyright infringement. The plaintiff in a copyright infringement lawsuit is…
Copyright violations lead to lawsuits. There will be a winner and a loser in every lawsuit. The plaintiff in a copyright infringement lawsuit is a person alleging that he or she had a copyright in a creative work and someone else reproduced that creative work without permission. The defendant in a copyright infringement lawsuit is…
Need Help? Minnesota Domestic Violence Crisis Line: 1-866-223-1111 Minnesota Domestic Abuse Project: 612-874-7063 National Domestic Abuse Hotline: 1-800-799-7233 A TRO is a Temporary Restraining Order issued by a Minnesota court judge. The most common type of TRO is for domestic abuse or threats of violence in the family context, but Temporary Restraining Orders are also…
Copyrights give protection to those that express ideas in an original way. There are other ways to acquire a right to an original expression of ideas, such as purchasing a copyright, licensing the copyright, or otherwise transferring the copyright (for example, by assignment). Why Copyright Protection is Important This protection is important not only to…
Trademarks are important in the business world because often a business is selling it’s good name with each product or service. Businesses spend time and money developing a good reputation with the public, or with their specific markets, in order to obtain more business. Importance of Trademarks A business with a good reputation will want…
There are several requirements to obtaining a trademark, such as being the first to use the mark, not obtaining the mark through fraud, continuing use of the mark, and using the mark more extensively than mere token use, to name a few. One main requirement is that the mark be distinctive. Is the Mark Distinctive?…
Copyrights in Minnesota are intended to present an incentive to people to create works and share them with the world. If an author, playwright, actor, or anyone else with original creative ideas writes them down, acts them out, or otherwise reduces them to a form that may be shared with others, that person does not…
If you are filing for chapter 7 bankruptcy, you may already know there you must gather extensive financial information about yourself and your debts before filing the bankruptcy petition. Either you or your attorney will review your debt and your assets to determine what debt is dischargeable in bankruptcy and what assets are protected from…
Minnesota landlords have legal rights when dealing with difficult tenants: renters who violate their lease, don’t pay rent, damage the property, or otherwise break Minnesota landlord-tenant law. The article below discusses landlord’s rights when dealing with problem renters. Are you a tenant? Contact Homeline, a Minnesota nonprofit organization that helps residential tenants with rental problems. Minnesota Month-to-Month…
Bankruptcy refers to a legal proceeding through which individuals and companies may petition a court to extinguish debts or to reorganize or restructure debts. You may have heard of Chapter 7 bankruptcy, Chapter 11 bankruptcy, or Chapter 13, bankruptcy. “Chapter” refers to the location of the bankruptcy provisions in the Bankruptcy Code. There are other,…
One of the first realizations that a person can’t dig themselves out of a financial hole comes with the repeated calls from creditors and collection agencies. While this may prompt realization of the drastic need for action, it can also increase stress, it may be bothersome, and it may interfere with the other duties a…
Most people who ultimately file for bankruptcy, first spend a lot of time trying to find another way. A person will cut out unnecessary expenses, review and re-review income and debt, and finally come to the conclusion that there is no way to get back on top and current on all bills. Usually, by this…
Is your debt consuming you? Do you believe you will never be able to get on top of it? Do you get further and further behind every day? You are not alone. In 2009 there were nearly one and a half million bankruptcy filings across the United States. There were 1,473,675 to be precise. Over…
For some people, their debt just keeps multiplying and there is little realistic chance of getting out from under it other than through bankruptcy. Many people hate this idea. Some people look down on it. People need to realize, however, sometimes bankruptcy is the responsible thing to do for oneself, one’s family, and one’s future…
In today’s world bankruptcies are much more common than they used to be. One factor is, of course, the drop in the economy. Some people hesitate to explore the possibility of bankruptcy because they are embarrassed. There is no need to feel ashamed if you are considering bankruptcy. You are not alone. You are by…
Bankruptcies have become more and more common in today’s economy. There are many types of bankruptcies. You may have heard of Chapter 7 bankruptcy, Chapter 11 bankruptcy, or Chapter 13 bankruptcy. Those are probably the most common types. Most people who have heard of these types of bankruptcy, however, have no idea what they mean…
There isn’t just one type of bankruptcy that fits for all people and all businesses. Many people have heard of Chapter 7, Chapter 11, and Chapter 13 bankruptcies. There are others as well. The type of bankruptcy filing that best suits one person and his or her circumstances will not always be the same one…
There are many different types of bankruptcies. Often, each type is referred to by the name of the Chapter in which it is contained in the United States Bankruptcy Code. You’ve probably heard of Chapter 7, Chapter 11, and maybe Chapter 13 bankruptcies. You probably haven’t heard much, if anything, about a Chapter 9 bankruptcy,…
All contracts are promises. People are free to enter into any contract they want as long as there are agreements on both sides, and neither promise violates a public policy or law. A contract will contain promises to act in a certain way or to refrain from acting in a certain way. Confidentiality agreements include…
Few people can run a business alone. Most business owners need the assistance of employees, vendors, and other independent contractors in order to run their businesses. However, the inclusion of other people in the affairs of a business necessarily includes others in the circle of people who know certain information about the business not generally…
Are you an employee being asked to sign a nonsolicitation agreement? Are you an employer thinking of requiring employees to sign nonsolicitation agreements in order to protect your business? An attorney can draft a nonsolicitation agreement for you, or help you understand the one in front of you, as well as negotiate the terms of…
A solicitation is defined as a request, an enticement, or an allurement. Non-solicitation agreements prohibit requesting, enticing, or alluring someone to do something. Contractual Agreements Not to Request, Entice, or Allure Non-solicitation agreements are used by many Minnesota businesses. A non-solicitation agreement is a contract. It may be one provision in a contract, or it…