Bail and Other Pretrial Release Issues  | Domestic Abuse Issues in Minnesota

Bail and Other Pretrial Release Issues | Domestic Abuse Issues in Minnesota

Pretrial bail evaluation The local corrections department, or its designee, must conduct a pretrial bail evaluation of each defendant arrested and detained for committing a crime of violence, a gross misdemeanor fifth-degree assault or domestic assault crime, or a nonfelony violation of an OFP or harassment restraining order or harassment, fourth-degree assault, or fifth-degree criminal…

Employee Benefit Plans: ERISA

Employee Benefit Plans: ERISA

Each employer that offers any type of employee benefit to its employees should be familiar with its fundamental duties in establishing, administering, amending and terminating those pension and welfare benefit plans that are subject to the requirements of the Internal Revenue Code (“Code”) and the Employee Retirement Income Security Act of 1974 (“ERISA”). Each time…

Current Limitations Periods | Minnesota Criminal Statutes of Limitations

Current Limitations Periods | Minnesota Criminal Statutes of Limitations

Need help? Contact a criminal defense attorney. Criminal Statute of Limitations (Minn. Stat. § 628.26) Any crime resulting in the death of the victim No statute of limitation Kidnapping No statute of limitation Labor trafficking if the victim was under the age of 18 No statute of limitation Sex offense (first, second, or third degree)…

Criminal Procedure Provisions Arrest Issues

Criminal Procedure Provisions Arrest Issues

Warrantless arrest A peace officer may arrest a person anywhere without a warrant, including at the person’s residence, if the peace officer has probable cause to believe that the person has committed domestic abuse within the preceding 12 hours. The arrest may be made even though the domestic abuse did not take place in the…

Payment, Inspection and Employer Records in Minnesota

Payment, Inspection and Employer Records in Minnesota

PAYMENT OF WAGES TO CURRENT EMPLOYEES Employers must pay transitory employees and employees whose work requires the employee to change his or her place of residence, at intervals of not more than 15 days.127 All other employees must be paid at least once every 31 days on a regular pay day designated in advance by…

Policy Considerations | Minnesota Criminal Statutes of Limitations

Policy Considerations | Minnesota Criminal Statutes of Limitations

Scholars and commentators have identified various policy arguments supporting and opposing criminal statutes of limitations. Supporters of criminal statutes of limitations argue the following: There is less need for a criminal sanction against a person who demonstrates rehabilitation by remaining law-abiding for some time.6 In the interest of fairness, a prosecution should be based on…

Criminal Law and Orders For Protection in Minnesota | DANCO | No-Contact | OFP

Criminal Law and Orders For Protection in Minnesota | DANCO | No-Contact | OFP

Need help? Contact a criminal defense attorney. Violation of an OFP Minnesota law provides misdemeanor, gross misdemeanor, and felony penalties for a violation of an OFP issued under the Domestic Abuse Act or under a similar law of another state, the District of Columbia, tribal lands, or U.S. territories. In addition, any violation of an…

Domestic Abuse Counseling and Educational Programs

Domestic Abuse Counseling and Educational Programs

Court-ordered program If the court stays imposition or execution of a sentence for a domestic abuse offense and places the offender on probation, the court must order that the offender participate in and successfully complete a domestic abuse counseling program or educational program as a condition of the stayed sentence. Minn. Stat. § 518B.02. Standards…

Violation of a Minnesota Order For Protection (OFP)

Violation of a Minnesota Order For Protection (OFP)

Need help? Contact a criminal defense attorney. Criminal penalties Violation of an OFP is subject to criminal penalties. Contempt A violation of an OFP also constitutes contempt of court and is subject to the penalties for contempt. Minn. Stat. § 518B.01, subd. 14. Statement of obligation and bond The court may require the respondent to…

Minnesota Domestic Abuse Act Procedural Matters

Minnesota Domestic Abuse Act Procedural Matters

Jurisdiction An application for relief under the Domestic Abuse Act may be filed in any of the following: the court having jurisdiction over dissolution actions or the county of residence of either party the county in which a pending or completed family court proceeding involving the parties or their minor children was brought the county…

Domestic Abuse Laws in Minnesota | Domestic Abuse Act Definitions

Domestic Abuse Laws in Minnesota | Domestic Abuse Act Definitions

Minnesota’s Domestic Abuse Act (chapter 518B) provides an action for an order for protection (OFP) in cases of domestic abuse; describes the relief available in OFP proceedings; establishes procedures for OFP proceedings; and contains the penalties for violation of an OFP. The provisions of Minnesota’s Domestic Abuse Act apply to OFPs issued under the Domestic…

Domestic Abuse Laws in Minnesota | An Overview

Domestic Abuse Laws in Minnesota | An Overview

The information presented over the next few posts will summarize the major features of Minnesota laws dealing with domestic abuse, including: Domestic Abuse Act Domestic Abuse Act Definitions Relief Available Under the Domestic Abuse Act Order For Protection Procedural Matters Violation of an OFP Domestic Abuse Counseling and Educational Programs Criminal Law & Domestic Abuse…

Accelerated ("Bonus") Depreciation to Continue for 2012

Accelerated ("Bonus") Depreciation to Continue for 2012

The Tax Relief Act of 2010 (“TRA-2010”) amended I.R.C. Section 179 in dramatic ways. Among other things, TRA-2010 expanded the definition of Section 179 property to include for the first time 3 types of real property : (1) leasehold improvements, (2) restaurant property and (3) retail improvement property. [Note: These three types of real property…

Minnesota Criminal Statutes of Limitations | Background

Minnesota Criminal Statutes of Limitations | Background

The following series of posts provides an overview of Minnesota’s criminal statute of limitations. If you are not interested in solely criminal law, you may want to learn more about Minnesota statute of limitation law in general. These sections provide an overview criminal statute of limitations law in Minnesota: Policy Considerations Current Limitations Periods Practical…

Employees Exempt From Minimum Wage and Overtime Provisions

Employees Exempt From Minimum Wage and Overtime Provisions

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 federal FLSA. In Minnesota, executives, administrators, professionals and outside salespersons also are not subject to minimum wage and overtime provisions because they are excluded…

Franchise Disclosure Documents – Item 20: Outlets and Franchisee Information

Franchise Disclosure Documents – Item 20: Outlets and Franchisee Information

Item 20: Outlets and Franchisee Information Like the UFOC Guidelines, Item 20 of the amended Rule requires the disclosure of statistical information on the number of franchised outlets and company-owned outlets for the preceding three-year period. Note, however, that the tables in the amended Rule differ substantially from the version of these tables that may…

Item 20: Outlets and Franchisee Information | Franchise Disclosure Documents

Item 20: Outlets and Franchisee Information | Franchise Disclosure Documents

Item 20: Outlets and Franchisee Information Like the UFOC Guidelines, Item 20 of the amended Rule requires the disclosure of statistical information on the number of franchised outlets and company-owned outlets for the preceding three-year period. Note, however, that the tables in the amended Rule differ substantially from the version of these tables that may…

Double Jeopardy Forbidden in Minnesota Constitution

Double Jeopardy Forbidden in Minnesota Constitution

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 United States Constitution each have a Double Jeopardy Clause that prohibits a criminal defendant from being twice tried for the same crime. This important constitutional provision…

Res Judicata in Minnesota: Claim Preclusion & Issue Preclusion

Res Judicata in Minnesota: Claim Preclusion & Issue Preclusion

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 sues Dave, Rob cannot later sue Sharon for the same breach of contract. Rob must sue them both at…

Hours Worked In Minnesota: Paying Employees

Hours Worked In Minnesota: Paying Employees

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, or any other time when the employee must be either on the premises of the employer or involved in the performance of…

Employer Retaliation: Employees Have Rights under FLSA & FMLA

Employer Retaliation: Employees Have Rights under FLSA & FMLA

Employee’s Rights with Employer’s Retaliation The U.S. Department of Labor Wage and Hour Division (WHD) recently published new fact sheets covering (i) unlawful retaliation under the Fair Labor Standards Act (FLSA) which governs worker wages, hours of work and overtime, and (ii) unlawful retaliation under the Family and Medical Leave Act (FMLA). Wage and Hour…

Appointment of Parenting Time Expeditors to Resolve Parenting Time Disputes

Appointment of Parenting Time Expeditors to Resolve Parenting Time Disputes

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 the appointment of a parenting time expeditor. Generally, a parenting time expeditor may be appointed upon the request of either party, by…

Minnesota Minimum Wage, Tip Credits & Deductions

Minnesota Minimum Wage, Tip Credits & Deductions

Minnesota Minimum Wage The minimum wage for non-exempt employees of federally-covered employers is currently $7.25 per hour.89 The minimum wage for non-exempt employees of state-covered large employers is currently $6.15 per hour.90 The minimum wage for non-exempt employees of state-covered small employers (those with gross annual sales less than $625,000) and certain employees (i.e., sheltered…

Minnesota Wage and Hour Issues

Minnesota Wage and Hour Issues

Fair Labor Standards Act Coverage Employers must pay minimum wages and overtime pay to certain employees for hours worked. What the minimum wage is, when overtime is to be paid, who is a covered employee, and what constitutes hours worked, however, varies between state and federal law. Because the federal Fair Labor Standards Act (“FLSA”)…

Franchise Disclosure Documents – Item 19: Financial Performance Representations

Franchise Disclosure Documents – Item 19: Financial Performance Representations

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 performance in their disclosure documents.16 Unlike the original Rule, a franchisor that decides to make such representations must include them in Item 19, not in a separate document….

Franchise Disclosure Documents | Item 19: Financial Performance Representations

Franchise Disclosure Documents | Item 19: Financial Performance Representations

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 performance in their disclosure documents.16 Unlike the original Rule, a franchisor that decides to make such representations must include them in Item 19, not in a separate document….

How Employers Can Protect Trademarks and Service Marks

How Employers Can Protect Trademarks and Service Marks

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 employer has used the mark, the employee has little or no claim to ownership of it. Unlike patent law, rights in trademarks…