26 November

Sticky

New Employment Laws

Are you aware that… * it is illegal in Minnesota for employers to misclassify workers as independent contractors when they are actually employees? * in Minnesota the misclassification of workers as independent contractors when they are actually employees is considered wage theft? * in Minnesota the misclassification of workers as independent contractors when they are actually employees has the potential for civil and criminal consequences? * in Minnesota there is a 14-factor test that an employer must meet to show that construction workers are classified correctly as independent contractors? * in Minnesota a sole proprietor and an unincorporated association are included in the definition of...

20 November

0 Comments

Sticky

Paid Leave Details

Posted by Evon Spangler

in Uncategorized

Paid Leave serves two purposes: 1) payments to the employee that covers a portion of the employee’s usual pay during their leave; and 2) ensure job protection to an employee who has worked for at least 90 days prior to taking leave when they return from leave. It is a social insurance program. That means both employees and employers contribute premiums for the Paid Leave benefit. In an attempt to make things easier for employers, Paid Leave uses the same online reporting system as Unemployment Insurance (UI). Beginning on January 1, 2026, employers will start collecting the employee’s portion of the...

23 October

0 Comments

Sticky

Paid Leave Summary

Posted by Evon Spangler

in Uncategorized

Paid Family Medical Leave (PFML or Paid Leave) is coming to Minnesota, and the time to prepare is now. All employers, with limited exception, must provide paid leave to their Minnesota based employees starting January 1, 2026. You can provide Paid Leave through the State of Minnesota or through a private plan that has been approved by the State of Minnesota. However, some insurance companies are closing or have closed their private plans for enrollment. If a private plan is not an option, then you must use the State of Minnesota’s plan. By December 1, 2025, employers must have informed their...

13 August

0 Comments

Sticky

Employee Handbook Pitfalls

Posted by Evon Spangler

in Uncategorized

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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

0 Comments

Sticky

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...