13 August

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Employee Handbook Pitfalls

Employee handbooks should not be finalized and then set in a drawer to gather dust. Instead, an employee handbook needs to be consulted, followed and revised. An employee handbook should be revised at a minimum one time per year. That is because laws continually change, which requires revisions to the handbook. In addition, circumstances change throughout the course of time in your business, which necessitates updates to the employee handbook. If your business pulled your employee handbook off of the internet or from another business, now is the time to review it. A common mistake that we constantly see is employers...

31 July

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Real Estate Issues Can Haunt Your Estate

Posted by Evon Spangler

in Uncategorized

Real estate often involves both a mortgage and a title. The person on the mortgage is the party who is responsible for paying the mortgage note. The name(s) on the title is who legally owns the home. It is important to understand the interplay between the mortgage and the title as a baseline. Hypothetical #1: Jessica owns her house. Her boyfriend, Tom, moves into the home with her. Since he pays her rent, she adds him to the quit claim deed as a joint tenant. Jessica dies. Analysis: Tom owns the home, but has no legal obligation to pay for the home....

25 June

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New Boating and Watercraft Law

Posted by Evon Spangler

in Uncategorized

As of July 1, 2025, in Minnesota, some adults and youth who operate motorboats, including personal watercraft, must have a valid watercraft operator’s permit. Those who were born after June 30, 2004, will need to have a permit to operate a boat as of July 1, 2025. A permit is required for anyone 12 years old or older and was born after these dates: June 30, 2024 (starts 7/1/25); June 30, 2000 (starts 7/1/26); June 30, 1996 (starts 7/1/27); and June 30, 1987 (starts 7/1/28). If you do not fall within the dates specified, you do not need a permit. You...

22 May

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The Mistake of a Business Owner Who Does Not Consult an Attorney

Posted by Evon Spangler

in Uncategorized

Impulsivity, urgency, or trusting without making sure you are protected can result in a mistake for a business owner. Like most things in life, some mistakes are small and have minimal consequences while other mistakes are catastrophic and have civil and/or criminal consequences. Hypothetical #1: Gwen and Blake have been friends for decades. Blake is a blacksmith who has his own business, Blacksmith for Life. Times are difficult for blacksmiths, so he asks his friend Gwen to join the business because two owners have to be better than one, he thinks. Gwen wants to help out her friend, and readily, without...

24 April

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Misclassification in Construction

Posted by Evon Spangler

in Uncategorized

Regardless of the industry, it is illegal for employers to misclassify workers as independent contractors when they are actually employees. It is also illegal for employers to ask a worker to complete documents that misclassify them and to ask workers who are employees to register as a construction contractor. Minnesota changed its worker classification test for construction effective March 1, 2025. This new 14-factor test is for commercial or residential construction or improvement services provided or performed on or after March 1, 2025 (prior to March 1, 2025, a nine-factor test is the law). The now 14 legal requirements are: “(1) was...

27 February

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Beneficial Ownership Registration Currently Due March 21, 2025

Posted by Evon Spangler

in Uncategorized

After ups and downs in the court system, beneficial ownership registration with the federal government is again required. After being paused again by the courts, the new reporting deadline is March 21, 2025. Most businesses are required to file their beneficial ownership with the federal government. This requirement is for businesses that were formed prior to 2025 (regardless of the year in which they were established) and those that were already formed in 2025. If you form a business in the future, you are subject to this reporting requirement. Beneficial owners are those individuals who ultimately own or control the...

06 February

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Domestic Violence Survivors Rights as Employees

Posted by Evon Spangler

in Uncategorized

Domestic violence does not discriminate. It impacts every race, religion, socioeconomic class, age, disability, occupation, gender, sexual orientation, family type, rural communities, urban communities, and education level. Its economic impact just in the United States is more than $8 billion dollars per year. Employees who are victims-survivors of domestic violence have rights under Minnesota and federal law. This article focuses on the rights under Minnesota law. Minnesota’s paid sick and safe time (ESST) covers employees who are victims-survivors of domestic violence. One of the six categories that employees can use ESST for is absences due to domestic abuse, sexual assault or...

20 December

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Minnesota Secure Choice Retirement Program

Posted by Evon Spangler

in Uncategorized

Starting January 1, 2025, private employers, including non-profits, with five or more employees that has been engaged in business in Minnesota for at least a year and who do not currently offer a retirement plan will be required to allow employees (18 years of age and older) to participate in Minnesota’s Secure Choice Retirement Program (“Retirement Program”). The option for employees is to participate in either a pre-tax IRA or after-tax Roth IRA. However, employees can opt out of participation. With an opt-out provision, it is important that the employer has documentation in writing from the employee that the employee...

27 November

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Estate Planning Pitfalls

Posted by Evon Spangler

in Uncategorized

An estate plan generally consists of a will and/or trust, a health care directive and a power of attorney. In estate planning, you want to make certain that you are planning for how your assets are managed and your bills are paid during your lifetime, and also planning for the possibility of incapacity or incompetency. As part of putting together an estate plan, it is important that your estate planning goals are not contradicted by other documents that you have completed. Hypothetical #1: Your goal is to have all of your assets being transferred to your children upon your death. Your...

13 November

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Employment Laws

Posted by Evon Spangler

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Are you aware that certain employers in Minnesota starting on January 1, 2025, will be required to state, amongst other requirements, salary ranges or fixed hourly rates in job postings? Are you aware that certain employers in Minnesota starting on January 1, 2025, will be required to state a general description of all benefits and other compensation and salary ranges or fixed hourly rates in job postings? Are you aware that the legislature in 2024 made changes to Minnesota’s Earned Sick and Safe Leave? Are you aware that the legislature in 2024 made changes to Minnesota’s Earned Sick and Safe Leave including allowing...

Author: Evon Spangler