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Employee or Independent Contractor?

Misclassification of employees as independent contractors is a common issue for business owners in Minnesota and elsewhere. Business owners receive many benefits from classifying working with independent contractors as opposed to hiring an employee. There are no federal taxes to withhold, and no Social Security or Medicare taxes to pay. […]

How Employees are Classified.

Exempt vs. Non-Exempt Status: How Employees are Classified. Classification of employees is dictated by Fair Labor Standards Act (FLSA) rules. The FLSA ensures employees receive compensation for their work, guaranteeing a minimum wage as well as fair overtime pay when applicable. A small portion of workers are “exempt” from a […]

Independent Contractors

Independent Contractors in Minnesota: Many businesses routinely use independent contractor agreements.  Whether those non-employees working for the business are consultants, independent contractors or vendors, business can benefit greatly from using independent contractors rather than hiring employees. [caption id="attachment_2022" align="alignleft" width="155"]  [/caption]   Some of the benefits to the employer include: […]

Can You Break a Non-Compete?

In contract law, a non-compete agreement is a contract signed by one party to not enter into professional competition with another party. They are most often used by employers to prevent employees from opening their own business that is in direct competition to the employer. Some employers may require a […]

Severance Agreements

A severance agreement is a contract entered into between a departing employee and his or her employer. Severance agreements are a common way for the two parties to end the employment relationship in an amicable manner. The severance agreement is a way that the employer can receive a release from […]

What to do if you are terminated from your job.

Minnesota is an employment "at will" state which means the employer can fire any employee for any reason as long as that reason is not illegal and the employee can quit for any reason. However, there are numerous reasons that a termination may be unlawful.  For example, if you feel […]

Could We Ever See a Federal Ban on Non-Compete Agreements?

Congress has looked at introducing new regulations on non-compete agreements. As an issue that comes up on a national level every so often, Employers and Employees wonder whether non-compete agreements are valid and if they will be upheld by the courts. Congress has looked at non-compete agreements and courts closely […]

Severance Agreements

Severance Agreements: A severance agreement is a contract between an employer and an employee. In most situations, the employee will be giving up his or her right to sue the employer and the employee will be provided additional compensation, benefits or other consideration for giving up this right. The employer […]

Work From Home Mandate Expires in Minnesota on April 15

On March 12, Governor Walz issued an Executive Order to ease up some COVID-19 restrictions affecting the state of Minnesota. The most noteworthy of these restrictions to be relaxed was the work from home order affecting the state. As of April 15, that work from home requirement will be discontinued. […]

Is an Employee entitled to PTO after they are terminated or quit?

A recent ruling by the Minnesota Supreme Court discussed the issue of whether an employee is owed PTO at the time of the termination of their employment. Case Background Donald Hall was fired by the City of Plainview in 2017. At the time of his termination, he had more than […]

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