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…
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…
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…
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…
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…
Custody and parenting time issues commonly arise in the context of either a divorce action or, in the case of unmarried parents, a separate proceeding to establish custody and parenting time. In either scenario, if a court determines (or the parties agree) that one parent will be awarded sole physical custody of a child, issues…
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….
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…
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 vary from jurisdiction to jurisdiction. Absent an agreement to the contrary, the law vests ownership of inventions in the inventing party, whether that party is an…
This in an example of the Minutes of Initial Meeting of Member of an LLC, one of the required documents for starting an LLC. Click here for an example of the Minutes of the Initial Meeting of Board of Governors of an LLC. Minutes will vary from meeting to meeting and the requirements may differ…
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 the “best interests of the child” standard. What does this statutory phrase mean in practical terms? The legislature has identified thirteen factors that a…
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 employment or after he or she departs. The agreement also may provide that the individual may not solicit…
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 of its business or harmful to its reputation. Even though Minnesota is still an “at will” employment state, an employer will be best…
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 you on our team.” If the employer uses an offer letter, the terms and conditions of employment should be fully described as…
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 contingency fee agreement? What other options do you have when paying an attorney? What practice areas are more likely to work on a…
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, or the like in the workplace, on work time or while operating company vehicles or machinery and that violations of…
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 physical exam, which may include a medical history, if: The applicant (except for certain peace officer applicants) has first received an offer of…
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 he or she can, with reasonable accommodation, perform the essential functions of the job in question and does not constitute a direct threat to…
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 pre-employment test before the applicant receives a job offer. Such a pre-employment test must not be given for the purpose of discriminating against any protected…
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 qualified minorities, women, persons with disabilities and covered veterans. Federal, state and local laws each have different criteria for compliance with their respective affirmative action…
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 personally in the direct operation of the franchise. Among other things, the amended Rule’s Item 15 calls for disclosures stating: any obligation for the franchisee to…
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 to the job for which the applicant is applying. For example, does the employer really need to know whether an applicant for a custodian position has a driver’s…
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 process acts as insurance so that the provider of service will be paid. It is effectively putting a “hold” or lien on the…
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 under the franchise agreement to furnish assistance to franchisees. The disclosure requirements encompass pre-opening assistance (e.g., site selection), as well as any ongoing assistance, such as advertising and…
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 services to the general public usually are considered independent contractors and not employees. However, whether such persons are employees or independent contractors depends on…
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 employee for certain statutory purposes, such as FICA (Social Security and Medicare) tax, federal and state unemployment insurance taxes,…
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 employers face is employees who leave the company and then compete with the employer. Typically, a valuable employee will think to herself, “I…
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 Hart-Scott-Rodino Antitrust Improvements Act (HSR-Act) by failing to report his acquisition of Comcast stock as part of the company’s merger with AT&T Corporation back…
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. Hillary Higgins Green. The scam letter came with fraudulent cashiers check in the amount of $145,500. Click here for 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 fees and payments, or commitments to pay, for services or goods received from the franchisor or any affiliate before the franchisee’s business opens,…