Articles

eric-johnson
02.01.2017

Minnesota and Wisconsin Law Require Notice to Customers in the Event of a Data Breach

These days we hear more about data breaches at large companies such as Target, Home Depot, and Yahoo. In part, this stems from businesses increasing retention of customer information. Information as simple as a person’s name, address, or email can be valuable to those who would, for example, compile hundreds or thousands of email addresses […]

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John Gasele
01.16.2017

Uncertainty in Overtime Requirements

Employers face great uncertainty with respect to payment of overtime right now.  New regulations from the U. S. Department of Labor were to raise the salary requirement for exempt employees to $47,476 on December 1, 2016.  However, a federal district court judge in Texas imposed a nationwide injunction halting implementation of the new regulations.  We […]

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Eric Johnson
11.03.2016

Successor Liability: A Key Consideration for Business Acquisition Planning

When one business acquires the assets of another, the question arises of whether the acquiring business will be liable for the legal obligations of business that it acquired. This implicates the question of successor liability, which involves the competing interests of compensating injured parties for harm caused by the acquired business entity and protecting the […]

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Samuel Richie
10.03.2016

2016 Election Preview

The 2016 campaign season has been one of the most tumultuous in modern history, and as the day of decision approaches, the races are overheating with no improvement in the overall tone. The Democratic and Republican presidential nominees are the two most unpopular candidates in memory, and the result has been an ugly, negative, attack-based […]

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Aaron Kolquist
09.01.2016

Hiring a New Employee Subject to a Non-Compete

Non-competition agreements (“non-competes”) are increasingly utilized by employers to limit and control the competitive activities in which an employee may engage after his or her employment ends, especially with regard to key employees.  What happens when a prospective new employer (“hiring employer”) wants to hire a star candidate who is subject to a non-compete with […]

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John Gasele
08.24.2016

NEW SALARY REQUIREMENT FOR EXEMPT EMPLOYEES

Employers should be aware of a massive change to the Fair Labor Standards Act (“FLSA”).  Everyone generally understands that exempt employees are paid an annual salary with no overtime for hours worked over 40 in a week, and non-exempt employees are paid an hourly wage or salary, but are entitled to overtime at 1 ½ […]

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John Gasele
07.01.2016

New Salary Requirement for Exempt Employees

Employers should be aware of a massive change to the Fair Labor Standards Act (“FLSA”). Everyone generally understands that exempt employees are paid an annual salary with no overtime for hours worked over 40 in a week, and non-exempt employees are paid an hourly wage or salary, but are entitled to overtime at 1 ½ […]

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Eric Johnson
06.02.2016

To Avoid a Void Foreclosure by Advertisement, Strict Compliance is Best

Lenders often secure repayment of loans by taking a mortgage on real estate owned by the borrower.  If the borrower becomes unable to repay the loan, the lender may foreclose the mortgage and take back the property.  In Minnesota, there are two ways to foreclose on real estate: by action and by advertisement.  (Wisconsin only […]

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Matt Hanka
05.05.2016

Disclosures in Residential Real Estate Transactions

Regionally, spring is a busy time for residential real estate transactions.  It is a time when many home sellers decide to list their property, and buyers often step up their intensity when searching for a new home.  Some of the most common inquiries real estate attorneys receive, especially at this time of year, relate to […]

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Aaron Kolquist
03.29.2016

Employers Beware: Upcoming Changes Regarding FLSA Employee Exemptions

The U.S. Department of Labor (DOL) has proposed to amend certain provisions of the Fair Labor Standards Act (FLSA), including an amendment that will more than double the minimum salary level required for employees to be exempt from minimum wage and overtime protection.  Ready or not, the DOL expects to finalize and publish the amended […]

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