Individuals employed in bona fide executive, administrative, professional or outside sales positions and who are paid on a salary basis, are exempt from the minimum wage and overtime provisions of the …
READ MORE →Need help? Contact a criminal defense attorney. Double jeopardy for the same crime is forbidden in the Minnesota Constitution and the United States Constitution. The Minnesota Constitution and the …
READ MORE →In Minnesota, you generally cannot sue a person for the same issue or claim that has already been resolved by a court. For example, if Dave and Sharon both breached their contract with Rob and Rob …
READ MORE →What hours does an employee need to be paid for? Minimum wage must be paid to non-exempt employees for all hours worked. Hours worked include training time, on-call time, cleaning time, waiting time, …
READ MORE →In addition to the more traditional routes of attending mediation and filing a motion with the court, another alternative that may be available to the parties when a parenting time dispute arises is …
READ MORE →Custody and parenting time issues commonly arise in either a divorce action or, in the case of unmarried parents, a separate proceeding to establish custody and parenting time. In either scenario, if …
READ MORE →Item 19: Financial Performance Representations Like the original Rule and the UFOC Guidelines, the amended Rule permits, but does not require, franchisors to include representations about financial …
READ MORE →A Minnesota employee or independent contractor who conceives of a successful trademark or trade name may conclude that the mark is personal, not employer, property. As a matter of law, however, if the …
READ MORE →Although rules of ownership applicable to copyrighted works are established by statute under the federal Copyright Act, ownership of inventions is generally governed by applicable state law, which may …
READ MORE →What Are Initial Meeting Minutes for an LLC? After forming an LLC, the members (owners) hold an initial meeting to organize the company. The minutes of this meeting document foundational decisions: …
READ MORE →Child’s Best Interests Standard One of the most frequently asked questions in family law is how a court determines child custody in contested matters. Under Minnesota law, custody is determined under …
READ MORE →As a condition of employment, an employer may require that an applicant or employee sign an agreement not to work for a competitor and not to form a competing business during the term of his or her …
READ MORE →Many employers would like to terminate the employment of an employee who is arrested for or convicted of an off-duty DUI, possession of narcotics, or other conduct the employer regards as unbecoming …
READ MORE →Even if an employer does not institute a drug and alcohol testing policy, the employer is well advised to put its employees on notice that it will not tolerate drug or alcohol use, sale, possession, …
READ MORE →When offering employment to any individual, whether orally or by offer letter, the employer should be sure to avoid making statements such as “we look forward to a long and rewarding experience with …
READ MORE →In this video, you get answers to these questions: What should you know before hiring a contingency fee lawyer? What are important considerations when hiring a contingency fee lawyer? What is a …
READ MORE →MINNESOTA LAW For more information, see When Can an Employer Give a Pre-Employment Physical? A Minnesota employer may require an applicant, as a condition of hire, to submit to a pre- employment …
READ MORE →Is An Alcoholic Employee (or Drug Addicted Employee) Protected? An individual with alcoholism or a drug addiction is protected under the Minnesota Human Rights Act as a “qualified disabled person” if …
READ MORE →This section discusses all pre-employment tests other than physical examinations and drug and alcohol tests. Under current law, a Minnesota employer may require an applicant to take a non- medical …
READ MORE →Before an individual is actually hired, a company that contracts with the government should consider what effect the hiring will have on its affirmative action obligations to recruit and advance …
READ MORE →Item 15: Obligation to Participate in the Actual Operation of the Franchise Business Item 15 of the amended Rule requires franchisors to disclose whether franchisees are required to participate …
READ MORE →The employer must review the employment application carefully. In order to determine whether all the questions asked are appropriate, consider whether the information requested is reasonably related …
READ MORE →Background of Minnesota Mechanic’s Lien Law In Minnesota a mechanic’s lien can be filed by a contractor or materialman to preserve their legal remedy for non-payment by a property owner. This legal …
READ MORE →Item 11: Franchisor’s Assistance, Advertising, Computer Systems, and Training Consistent with the UFOC Guidelines, Item 11 of the amended Rule requires the disclosure of the franchisor’s obligations …
READ MORE →Independent Contractors This post is part of a series of posts on common issues Minnesota employers face. Persons who follow an independent trade, business or profession in which they offer their …
READ MORE →Statutory Employees This post is part of a series of posts on common issues Minnesota employers face. Even if a worker is not an employee under common law rules, he or she may be considered an …
READ MORE →When an employee leaves to compete with an employer, employer’s have a number of legal rights and options. The Problem: Employees Leave and then Compete with Their Former Employer One problem many …
READ MORE →Brian Roberts, CEO of Comcast Corporation, has agreed to pay a $500,000 penalty to settle claims asserted by the Federal Trade Commission (FTC) that he violated the reporting requirements of the …
READ MORE →Our office recently received a physical scam letter from Mrs. Tracy Gold. The fraudulent letter claims that Mrs. Tracy Gold was directed to contact our office in order to settle a loan owed to Mrs. …
READ MORE →Item 5: Initial Fees Consistent with the UFOC Guidelines, Item 5 of the amended Rule requires the disclosure of any initial fees and any conditions on their refundability. “Initial fees” means “all …
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