Are nonprofit boards democratic? Assuming the governing documents of a particular nonprofit organization do not alter the law (which is possible), each member of a nonprofit organization’s board of directors has one vote. Standard board practice is generally democratic, with each member having a vote and actions of the board as a governing body being passed or…
Is a Company Leader Using Company Funds Like a Personal Piggy Bank? Is your business partner, your CEO, or another company leader using company funds for personal purposes? I have seen this many times. Often it is majority shareholders, CEOs, and general partners who were entrusted to manage the company’s resources. A misuse of company…
Trademark infringement lawsuits are usually brought in federal court, but the law does not prohibit such cases from being adjudicated in state court. Federal courts have original jurisdiction in trademark cases. 28 U.S. Code § 1338(b). However, federal courts do not have exclusive jurisdiction in federal courts. This was recently explained by a state district court…
You just graduated dental school and are about to join a preexisting practice. You are presented with an associate employment agreement. It is long, complex, and overwhelming. You were trained in school to practice dentistry, not review contracts. Fortunately you do not have to spend endless hours parsing the agreement word for word. Instead focus…
In the wake of terrorist attacks and divisive political rhetoric, Islamophobia is on the rise. Researchers cite fear as a driving motivator behind many Americans’ unfavorable views towards the religion. This fear manifests itself in various forms ranging from attacks on mosques to discrimination in the workplace. The Equal Opportunity Commission (EEOC), the federal agency…
If you lead a business, you may need to address lewd sexual conversations in your company. Examples include a lewd joke by email or a sexual conversation in the workplace. Employees may defend this as locker-room banter. As a company leader, what are your legal duties? What are best practices? Donald Trump made headlines when the Washington Post published a video of him boasting of…
In 2013, the Minnesota Legislature established the Made in Minnesota (MiM) Solar Incentive Program. The program aims to help Minnesota meet its new solar electricity standard and to boost the local solar industry. It is a cash-back incentive program for Minnesota residents and business who install solar thermal systems that are manufactured in the state….
Background On May 18, 2016, President Obama and Secretary Pérez announced the publication of the Department of Labor’s final rule updating the overtime regulations of the Fair Labor Standards Act (FLSA), which will automatically extend overtime pay protections for millions of workers within the first year of implementation. Under the new rule, anybody making a…
Does a material change in an employee’s job duties void the employee’s noncompete agreement? The material change doctrine is a legal theory that developed in Massachusetts.[1] Under Massachusetts law, each time an employee’s employment relationship with the employer changes materially such that they have entered into a new employment relationship a new restrictive covenant must…
What is slander of title claim? Utterance of false and malicious statements disparaging the title to property in which one has an estate or interest, if the statements are untrue and cause damage, constitutes slander of title. What is required for a slander of title claim? That there was a false statement concerning the real…
Ground-Breaking Study Good news, dog owners. Science has confirmed what we have known all along. Dogs are able to understand individual words and intonations much like us. Until this ground-breaking study, scientists thought that humans were the only species capable of separating what was said from how it was said. But after sticking six border collies,…
This is an important question in estate planning because many instruments become active when the person who executed it becomes incapacitated. The reverse is also true. There are many instruments that cannot be created if the person trying to execute the instrument is incapacitated. Determining an individual’s capacity or incapacity can be a very difficult…
A free consultation may be essential for the best clients When was the last time you spent thousands of dollars with someone before you got to know them and knew they could help with your problem? If you are like most people, you need at least a few minutes with a professional before deciding to…
The Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave, over a one-year period. The leave may be for specified family and medical reasons, with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave….
Surveys and informal data suggest that employers are increasingly using the web and social media sites to both identify and recruit desirable job candidates, as well as to weed out less desirable candidates. Just as there are legal limitations to screening applicants through more traditional methods, legal issues are likely to arise when applicants are screened online. The following…
Employers in Minnesota often feel overwhelmed by all the laws affecting employee rights. To help employers, below is a checklist to spot some of common issues. The law requires companies to operate in compliance with Minnesota Statutes chapter 181. Areas of particular importance include the following: Minn. Stat. § 181.101 – Wages; How Often Paid:…
David Bowie died on January 10, 2016, just two days after the release of his final album, Blackstar. The last song on the album, “I Can’t Give Everything Away,” seems prophetic both in its title and its initial verse. “I know something is very wrong.” News stories estimate Bowie’s estate at $100 million. His legal…
This article deals with whether employers must pay front pay severance payments as W-2 wages or whether employers are allowed to pay the front pay severance as 1099 income. Furthermore, it delves into the question of whether or not all of the severance pay is subject to FICA tax in addition to ordinary income tax. There…
Minnesota law does not require that employers have an employee handbook. However, having an employee handbook is highly recommended. The employee handbook is designed to provide employees with a copy of the policy, procedures, and acceptable conduct in the company. Employee handbooks can be as simple or complex as necessary for the job. What is…
Arbitration provides an alternative to litigation in court by resolving disputes in a private forum with an arbitrator instead of a judge. Minnesota has adopted the Revised Uniform Arbitration Act (RUAA) which provides the framework for the arbitration of purely intrastate disputes. For those transactions involving interstate commerce, the Federal Arbitration Act (FAA) controls. A…
Employers are understandably frustrated when, without prior notice, their employees are frequently late or miss work entirely. Fortunately, Minnesota statute offers employers an effective legal recourse. Employment Misconduct When employees fail to show up to work on time or at all, this behavior can be considered ‘employment misconduct’ under Minnesota law. Employment misconduct can be grounds for termination…
Robert Liebman was 49 years old when he was fired from his sales executive position in 2013. After his termination Liebman sued his employer, Metropolitan Life, on the basis of two laws: ERISA, the federal law which governs employee benefits and the Age Discrimination in Employment Act (ADEA). When he took his case first to the…
In this video, Minnesota attorney Aaron Hall speaks with Dr. David G. Mancini of Pure Health Chiropractic Clinic about his chiropractic practice.
Minnesota attorney Aaron Hall speaks with Patrick McPherson of Metro Legal Services. Metro Legal provides the following services: Legal Process Service Public Record Filing, Searches & Retrievals Courier and Mobile Notary Service Nationally Arranged Services International Services Skip Tracing Private Investigations Patrick McPherson Investigations Manager Metro Legal Services 330 2nd Ave South Suite 150 Minneapolis, MN…
Minnesota attorney Aaron Hall speaks with M.P. Singh of Prudent Accountants, a “strong team of individuals with extensive education and training as Certified Public Accountants, MBAs and IRS Enrolled Agents.” Prudent Accountants, Inc www.PrudentAccountants.com Phone: ( 612) 605-3178 Transcript of INTERVIEW: Aaron Hall: I’m Aaron Hall, a business attorney in Minnesota. I’m here with M.P. Singh,…
Minnesota attorney Aaron Hall speaks with Rai M. Kharal of Prudent Accountants, a “strong team of individuals with extensive education and training as Certified Public Accountants, MBAs and IRS Enrolled Agents.” Prudent Accountants, Inc www.PrudentAccountants.com Phone: ( 612) 605-3178 Transcript of Interview: Aaron Hall: I’m Aaron Hall Business owners often feel frustrated with their finances,…
Attorneys routinely represent clients in the entertainment industry in contract negotiations, litigation, and other matters. Many artists rely on attorneys to represent them in business issues, especially well-known talent who are inundated with offers from many sources due to established careers. For example, in these situations, attorneys sometimes help artists negotiate terms of a contract…
Under federal and Minnesota law, employees have broad rights, even when they are not union members. In general, employees have the right to act together for protection or to improve working conditions. Employers who violate this right may face action by the National Labor Relations Board (NLRB) or by employees themselves in state court. The…
Unfair competition is a general category of torts recognized by Minnesota courts to protect commercial interests. Unfair competition can include tortious interference with contract, improper use of trade secrets, and an employee’s breach of a duty of loyalty to his or her employer. Unfair competition can also be infringement of a trade name. These torts establish…
Imagine that a trust is established with insurance proceeds for the benefit of a minor child Billy after his parents are killed in an accident, with Uncle Theodore as Trustee. Theodore cannot use the insurance proceeds to buy a new boat or to pay of Theodore’s student loan debt. If Theodore violates that rule, what…