What is an Exclusive Use Clause? In the commercial leasing context, exclusive use clauses are a relatively common topic of conversation when landlords and tenants are negotiating a retail lease. Basically, exclusive use clauses are provisions within a lease that prohibit a landlord from leasing to another tenant for the same business purpose as the…
Commercial Leases: Rent Offsets In a typical commercial lease, a landlord has the responsibility to maintain and repair the common areas and the structural elements of the building (i.e., the parking lot, roof, lobby, common bathrooms, etc.). Unfortunately, some landlords don’t honor these obligations as scrupulously as others. For example, when the parking lot is…
There are a number of mandatory minimum criminal penalties that apply to certain criminal sexual conduct offenses. These mandatory sentencing provisions are described below. First-Degree Criminal Sexual Conduct Offenders The court must presume that an executed sentence of 144 months applies to any offender convicted of first-degree criminal sexual conduct. This penalty does not apply…
The constructive discharge doctrine was created to prevent employers from forcing employees into resigning by engaging in covert, calculated misconduct that would be illegal if it were done overtly. Informally, this may be called a “hostile work environment.” Constructive discharge is a way employers get rid of an employee without formally terminating the employee. The…
ISSUES SURROUNDING BACK-WAGES Whether an employee has a right to unpaid wages within a particular number of days after termination of employment. Whether an option easier than court is available for collection of wages. SHORT ANSWER Yes. An employee has a right to be paid at least once per month. Yes. The Commissioner of Labor…
Need help? Contact a criminal defense attorney. Criminal sexual conduct in the first, second, third, and fourth degree are felony-level offenses. Criminal sexual conduct in the fifth degree is a gross misdemeanor offense; however, certain repeat violations of this crime are classified as felonies. Minn. Stat. §§ 609.342 to 609.3451. The chart on the following…
Reasonableness of a Financial Performance Representation The amended Rule prohibits franchise sellers from making any financial performance representation unless they have a reasonable basis for the representation at the time the representation is made. Written factual information in the seller’s possession must reasonably support the representation, as it is likely to be understood by a…
The reason that everyone must register a copyright is simple: In general, you cannot sue for copyright infringement unless you have a registered copyright. You Cannot Sue for Copyright Infringement of an Unregistered Copyright Copyright law is unique. By simply creating something with artistic value, you own a copyright to that artistic work. However, you…
Employee handbooks can be an efficient and effective way for employers to communicate their workplace rules to employees, so that employees will be on notice of the rules with which they are expected to comply. When an employer’s rules are clearly communicated to employees in writing, it is difficult for an employee to profess ignorance…
This post is part of a series recommending changes to how Minnesota handles criminal records and employment. The full report is here: Criminal Records and Employment in Minnesota. Role of Employers and Unions The Committee recognizes that a major weakness of the collateral sanctions work so far is that it has not involved either employers…
Need help? Contact an expungement lawyer. This is a Step-by-Step Guide for filling out expungement forms for a criminal case that was handled in a State of Minnesota District Court. STEP 1. Get your complete criminal case history. Even though you can only ask for an expungement in the county in which the…
Financial Performance Representations The amended Rule prohibits financial performance representations that are not true or are not substantiated at the time they are made. It is important to note that these prohibitions cover not only the franchisor, but any “franchise seller.” The amended Rule defines the term “franchise seller” as follows: A person that offers…
Employers may not refuse to hire an applicant because he or she is a smoker. This policy has been reinforced by the Minnesota Lawful Consumable Products Act, which protects certain off-duty conduct including use of tobacco.276 Minnesota’s “Freedom to Breathe Act” prohibits smoking in virtually all indoor public places and all places of employment.277 The…
Written by Attorney Joe Irby I want to add a booster, or a translator to my broadcast station or I’d like to apply for an LPFM. FM Translators and Low Power Frequency Modulation Stations (LPFM) These two types of broadcast signals are rapidly catching on in popularity. Full-power radio stations are quickly buying up FM translators…
Written by Attorney Joe Irby How many hours must I operate my broadcast station? Hours of Operation In many areas and in many circumstances, running a broadcast station 24 hours a day, seven days a week just doesn’t make sense. For example, a broadcast station might be located in a sparsely populated area and statistically, the…
Written by Attorney Joe Irby What does the “Chief Operator” do, and why do I need one? Chief Operator A Chief Operator is a very important position. He acts as your station’s “go to guy” for many of the technical issues that arise on a seemingly daily basis. This is no job to be taken lightly….
Written by Attorney Joe Irby What is a legal ID and when must I run one? Are the requirements the same for radio and television? How do I run a legal ID on my booster/translator? Legal ID The Legal ID lets the audience know which broadcast station they’re tuned into. Although your station’s jingles play into…
Written by Attorney Joe Irby How long does my license last? Once a broadcast station goes through the arduous process of obtaining a license, it is allowed to broadcast in accordance with the FCC’s regulations. Although the process is cumbersome, it is something that must be done and repeated. Remember, the FCC’s underlying goal is to…
Written by Attorney Joe Irby Unlicensed Broadcasting – Do I need a license to broadcast? An engineer once said “The FCC spends too much time going after pirates. As long as the station doesn’t interfere with anything, [the pirate] isn’t hurting anyone.” Wise words, however, the FCC will still shut down (and even prosecute) unlicensed broadcasters…
Written by Attorney Joe Irby How do I borrow/leverage money against my radio station and license? Broadcast stations are a business. Plain and simple. Whether the broadcast signal is the primary revenue stream of a business or it is just used to supplement another aspect of the business or entity, broadcasting is still a business and…
Written by Attorney Joe Irby What is the No Urban/No Spanish Dictate Rule? For most broadcast stations, your license will expire in 2013 or 2014 and it’s time to start thinking about the renewal process. The FCC just passed a new requirement requiring proof of compliance with the “No Urban/No Spanish Dictates” rule. This requirement was…
Forfeiture of Motor Vehicles and Recreational Vehicles Used to Commit Impaired Driving Offenses Minnesota’s impaired driving law provides a special forfeiture procedure applicable to motor vehicles and recreational vehicles (such as snowmobiles, all-terrain vehicles, and motorboats) used to commit certain alcohol-related traffic offenses. This law authorizes the forfeiture of a motor vehicle or recreational vehicle…
This article discusses the basics of Minnesota foreclosures. This part addresses the impact a foreclosure of a first mortgage has on a second mortgage (home equity loans). This is part five of a series on Minnesota foreclosures. Foreclosure Basics Foreclosure by Advertisement Foreclosure by Action Deficiency Judgments Foreclosure of a 2nd Mortgage Second Mortgage Foreclosures…
Judicial Forfeiture; Designated Offenses Minnesota law permits a court to order the forfeiture of certain property associated with the commission of a “designated offense.” The definition of “designated offense” includes most serious felonies against persons, a number of property felonies, and felony or gross misdemeanor violations of the crime of unauthorized computer access. It also…
Under the Minnesota Human Rights Act, an employer may not discriminate against an applicant or an employee because of that individual’s marital status.267 An individual’s marital status includes whether that individual is single, married, remarried, divorced, separated or a surviving spouse. The prohibition against marital status discrimination also specifically includes protection against discrimination on the…
This is an example of a letter demanding payment of unpaid debts. For more demand letters, see the Minnesota Demand Letters page. Demand for Full Amount Due Letter Template [DATE] [DEBTOR] [STREET ADDRESS] [CITY] [STATE] [ZIP] Re: Loans in Default to [CLIENT] Gentlemen: I have been retained to represent [CLIENT] regarding three loan defaults. This…
This is an example demand letter attempting to collect an unpaid debt. For more demand letters, see the Minnesota Demand Letters page. Demand for Payment Letter Template VIA EMAIL AND US MAIL February 8, 2012 [EMAIL] [STREET ADDRESS] [CITY][STATE][ZIP] Re: Amounts owed to [CLIENT] Dear [DEBTOR]: This firm represents [CLIENT] in connection with amounts due…
Minnesota Sexual Harassment Laws Definition Policy Investigation Discipline and Resolution Follow-up and Retaliation Romance in the workplace Definition of Sexual Harassment Sexual harassment is defined as a form of sex discrimination. It exists in the workplace where an employee is subjected to unwelcome advances, suggestive comments, or physical contact of a sexual nature which…
Below is an example demand letter attempting to collect an unpaid debt. For more demand letters, see the Minnesota Demand Letters page. What is a Demand Letter? Example Demand Letter Template [DATE] [DEBTOR] [STREET ADDRESS] [CITY], [STATE] [ZIP] Account: [DEBTOR’S ACCOUNT] Invoice #: [INVOICE NUMBER] Invoice Date: [INVOICE DATE] Invoice Amount: $[INVOICE AMOUNT] THIS IS…
This is an example demand letter attempting to collect an unpaid debt. For more demand letters, see the Minnesota Demand Letters page.Watch This Before You Continue Demand Letter Sample: [DATE] Sent by U.S. Mail [DEBTOR] [STREET ADDRESS] [CITY][STATE][ZIP] Re: Collection of [CLIENT’S BUSINESS]’s Fees for [ITEMS] Dear [DEBTOR]: This firm represents [CLIENT] and [CLIENT’S BUSINESS]….