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Protect Yourself and Your Business Against Drive-By ADA Lawsuits

Despite new legislation protecting small businesses, so-called “drive-by” law suits are being filed against small businesses across Minnesota under the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA) for things like handicapped parking lot, entry access, and bathroom violations. A fresh wave of these lawsuits has been hitting local Mankato area businesses within the past several weeks. The new law in Minnesota gives more protections to small businesses, such as the right to notice and a chance to fix potential violations before suit is filed. Federal courts have also disfavored these serial suits. If you are...
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Can an Employer Control an Employee’s Use of Social-Media?

If the employee is at work and using computers owned by the employer, the general answer is yes.  Work if for working; not for using social media.  Generally, employers are within their rights to regulate social-media use on work time if they do so for work-related reasons and apply the rules evenhandedly to all employees.  Off-hour use of social-media might be regulated if an employee’s initial and continued employment are subject to written social-media policies. There are important exceptions.  Under and Minnesota’s Wage Disclosure Protection law no employer can prohibit employees from disclosing or discussing their own wages.  Even if...
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Jesse Ventura — $1.8 Million Dollar Verdict Reversed on Appeal

The Eighth Circuit for the United States Court of Appeals reversed an award to Jesse Ventura of $1.8 million dollars against the “American Sniper” Chris Kyle’s estate. Jesse Ventura filed a defamation, misappropriation and unjust enrichment claim alleging Kyle fabricated a story about Ventura and a fight that allegedly occurred in October of 2006. Ventura claimed he was defamed by Chris Kyle in television and radio interviews. Kyle asserted Ventura said “he hates America,” the SEALs “were killing men and women and children and murdering,” and the SEALs “deserve to lose a few.” Numerous witnesses were called to testify at...
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Nationwide Injunction Stops Implementation of New Overtime Rule

Earlier this year the Department of Labor issued a rule that would automatically extend overtime pay eligibility to salaried workers earning less than $913 per week or $47,476 per year, regardless of the workers’ job duties.  The new rule regarding eligibility for overtime pay was to go into effect on December 1, 2016. On November 22, 2016, a United States District Court judge in Texas issued a temporary injunction prohibiting the new rule from going into effect.  The injunction applies nationwide. It is not known if the ruling will be appealed.  Even if it is appealed a decision on the...
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Cell Phones & Driving Accidents

According to the Minnesota Department of Public Safety, each year 1 in 4 automobile crashes is due to distracted driving, resulting in at least 70 deaths and 350 serious injuries.  Experts estimate the numbers are vastly underestimated and under-reported due to law enforcement’s challenge in determining distraction as a crash factor. It is illegal for drivers to read, compose, and/or send text messages or e-mails, or access the internet on a wireless device while the vehicle is in motion or part of traffic, including stopped in traffic or at a traffic light.  Minn. Stat. § 169.475 For teen drivers under...
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Minnesota Employees Must Be Given Time Off for Voting

Election Day is right around the corner.  The Attorneys at Farrish Johnson Law Office want to remind everyone – employees and employers alike – that Minnesota law requires employers to give their employees reasonable time off for voting. Any employee who is eligible to vote has the right to be absent from work for the time necessary to go to the polling place, cast a ballot, and return to work, without penalty and without deduction from salary or wages because of the absence.  In other words, the employee may vote during the work day without being required to “punch out.” ...
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Wells Fargo and Arbitration Clauses

Minnesota Attorney General Lori Swanson wants Wells Fargo to let customers sue the bank to resolve disputes over accounts opened without consumer authorization.  That means Wells Fargo will have to forgo enforcing the mandatory arbitration clause included in its consumer contracts. Earlier this month regulators fined Wells Fargo $185 million for opening checking and credit card accounts on behalf of customers who had no idea that was happening.  Over a five-year period some 2 million credit cards and deposit accounts were opened that were not authorized by the bank’s customers. While Wells Fargo has promised to make restitution, the bigger...
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New Federal Overtime Rule is Fast Approaching

A new federal overtime rule goes into effect on December 1, 2016.  The rule raises the Fair Labor Standards Act salary threshold for those white-collar employees who are exempt from overtime from $455/week ($23,660) to $913/week ($47,476.00).  This means that an employee who makes less than $47,476.00 per year must be paid overtime. There are plenty of options to ensure compliance with this new rule.  For example, an employer can (1) raise the employee’s salary to the threshold to keep from paying overtime; (2) keep the employee’s salary the same but limit the employee’s hours to 40 hours per week;...
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Estate Taxes Still an Issue

With the federal estate tax beginning for estates in excess of $5.4 million, most families no longer concern themselves with avoiding the imposition of this tax.  However, Minnesota residences or non-residences with Minnesota property still face Minnesota taxes for estates that exceed $1.6 million.  Do not assume that estate planning is no longer necessary simply because of the size of the federal exemption. There are a number of planning opportunities for families to avoid or minimize Minnesota estate tax. For more information on Estate Taxes and Estate Planning, contact Steve Fink at Farrish Johnson Law Office. This webpage contains general...
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Farrish Johnson Law Offices Welcomes New Attorney

Farrish Johnson Law Office is pleased to announce the addition of our new attorney, Amy E. Sauter. She will be practicing exclusively in the areas of family law with Farrish Johnson. A Minnesota native and Minnesota State University, Mankato Alumna, Sauter brings additional legal capabilities to the greater Mankato Community. After receiving her law degree, Cum Laude, from Thomas M. Cooley Law School, Sauter returned to Minnesota where she practiced in private law for six years in the St. Cloud area. Sauter is looking to get involved in the Mankato area after previously being involved with WACOSA, the St. Cloud Municipal Band, the...
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