Employment Law

How to Avoid Getting Sued

08.11.2013
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As an attorney I will often have clients that want me to write a contract for them that will “keep them from being sued”. Every time this happens, I have to break the news to them that nothing I do can keep them from getting sued. Anyone can sue you at any time and for virtually any reason. That is the unfortunate truth in today’s society.

Despite this unfortunate revelation, there are many simple steps that can be taken to help you avoid lawsuits in the first place, or prove your case if you should ever end up in […]

How and When Employee Breaks Have to be Considered Paid Time

08.11.2013
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I get many questions from clients about what the law says in relation to paying employees for lunch breaks and other breaks. Both Minnesota Statutes and federal law address this issue. Each source says something different, so when in doubt, apply the standard which is more protective of the employees.

Federal law does not require coffee breaks or smoking breaks. However, federal law does state that when a company does provide these types of breaks, they must be treated as paid time. Meal breaks are treated differently by federal law. Once again, there is no requirement that meal breaks be […]

Subcontractors or Employees? The Choice is NOT yours!

08.11.2013
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With $25 million dollars in new funding, the Federal Government is planning to crack down on employee misclassifications by businesses. Both the IRS and the Department of Labor are looking for companies that are misclassifying workers as “subcontractors” or “independent contractors” as a way to avoid taxes, insurance and other regulatory requirements.

Just because you label someone as an subcontractor does not necessarily make them one. Time after time when talking with business owners I ask them about their employee situation and get the response “I don’t have employees, I just give my laborers 1099’s and have them […]

Save Tons of $$$ on Overtime Pay, Legally!

08.11.2013
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You have to pay overtime to your employees! I am constantly saying it in Scoop articles, at my seminars, and in conversations with MNLA members. No matter how much salary you pay someone, if their primary job is labor related then you need to pay them overtime.

What if I told you…
What if I told you that instead of paying overtime at time and one half the regular rate, you could pay it at a “half time” rate?

“But that goes against everything you have been saying about overtime!”

I know, I know, but I promise you […]