12 Fast Facts Employers Need to Know to Comply with Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA)
Minnesota has one of the most vigorous workplace drug-testing laws in the country. Here are 12 fast facts you need to know if you require testing of employees or job applicants: You must have a written drug and alcohol testing policy; You must provide written notice of the policy to all affected employees when the policy is initially adopted and when any employee who was previously unaffected by the policy transfers to a position affected by the policy, and to job applicants upon hire and before any testing is required if the job offer is contingent upon testing; You must...Read More
Estate Tax Changes
There have been substantial changes to the Federal estate tax because of recent action by the US Congress. The major change centers on the doubling of the federal estate tax exemption for estate and gift taxes. For 2018, the estate tax exemption has been increased to $11.2 million. However, this increase expires on December 31, 2026 and absent action by Congress, upon expiration, the federal estate tax exemption in effective for 2017 will be reinstated. The doubling of the estate tax exemption will reduce the number of estates that are required to file a Federal 706 estate tax return. Meanwhile,...Read More
Massive Water Pollution Settlement
In a widely publicized case, 3M agreed to pay the State of Minnesota $850 million to avoid a trial over allegations that 3M contaminated water with perfluorochemicals (PFCs). The settlement is minuscule compared to the billions of dollars sought by the State in actual and punitive damages. Settlement funds could be used for water restoration projects as well as water infrastructure projects, such as new wells or connecting additional homes to municipal water. This settlement does not end 3M’s legal troubles. It faces many other lawsuits seeking to recover for environmental damage. 3M continues to maintain that there is no...Read More
Applying for Disability – Is It Right for Me?
A lot of folks frequently consider if they should go on disability or even get advised to do so by their doctors. This usually happens when their medical or psychological issues become so bad that they start interfering with or make it impossible to continue working in a meaningful and productive manner. When that happens, and there is no foreseeable improvement of the health issues, it is usually a good idea to try to apply for disability. But what does it mean to be disabled? According to the Social Security Act, disability is the “…inability to engage in any substantial...Read More
Happy New Year from Farrish Johnson Law Office!
Wishing you and yours the very best in 2018!
Genetic Testing
In recent years there has been an interest in genetic testing. For $100 or more, you can have your DNA tested for genetic health risks including late onset Alzheimer’s and Parkinson’s disease. The testing determines whether you are a carrier for over 40 different conditions. The test results are confidential, unless you share the test results with your physician or health care providers. If you share the information, the information may become part of your medical record and ultimately accessible by other health care providers, insurance companies, etc. While there are safeguards in place at the state and federal level...Read More
Changes for Limited Liability Companies
Effective January 1, 2018, significant changes go into effect for limited liability companies organized in the State of Minnesota. The new law brings significant changes to the management and governance of an LLC. If your LLC was organized prior to January 1, 2015 or is not organized under Minnesota Statute 322C, you are likely impacted by this new legislation. If you have questions or concerns about these upcoming legislative changes or for any business law questions, please contact Paul Moosbrugger or Steven Fink. The attorneys at Farrish Johnson Law Office can be reached in our Mankato office at 507-625-2525 and...Read More
Can I Get Fired If I Claim Workers’ Compensation?
We often hear this question from folks with recent work-related injuries who have never been hurt before or never thought about reporting a work injury and never had to deal with workers’ compensation. Since each case is unique, there is no straight answer that could be given without knowing more details. Generally, however, the law provides that any employer who fires or is threatening to discharge an injured worker because he or she is seeking workers’ compensation benefits, can be held liable for up to three times the value of the work comp benefits awarded. In other words, although technically...Read More
