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Eighth Circuit Holds That Plaintiff Who Lacked a “Midwestern Girl Look” Could Proceed With Gender Stereotype Discrimination Under Title VII
March 09, 2010
by Chris M. Heffelbower and Laura W. Bartlow*
Read about the Eighth Circuit's decision regarding gender stereotype discrimination and how it affects companies.
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EEOC’s Failure to Investigate Sexual Harassment Claims Results in $4.5 Million Attorneys’ Fee Award to Employer
March 09, 2010
by Julia H. Halbach
A Court awarded $4.5 million in attorney's fees to an employee because the EEOC failed to properly investigate and comply with its own procedures before pursuing a sexual harassment class action, read about it here.
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OSHA Annual Summary Posting Requirements
March 09, 2010
by Chris M. Heffelbower
Learn more about OSHA's Annual Summary posting requirements.
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COBRA Subsidy Extended
March 09, 2010
by Mary L. Komornicka and Krysta M. Mitchell*
A COBRA subsidy extension was recently signed into law, read about it here.
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Editor's Corner
March 01, 2010
by Julie L. Perrus
March begins with better weather, although you probably won’t find many at the Capitol who have been able to enjoy it. While no official legislative deadlines have been set, the legislature is operating on an unofficial first deadline of March 12.
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A Chicken in Every Pot… and Broadband Service for All
March 01, 2010
by Peter J. Coyle
Over the past several years, rural legislators have been working to draw attention to a growing disparity in the availability of telecommunications technology that many, if not most, urban consumers take for granted—reliable access to competitive wireless phone service and high-speed Internet connections.
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Governor and Legislature at Impasse on Capital Spending Bill
March 01, 2010
by Peter J. Coyle
Facing an almost-certain veto, the leadership of the Minnesota House and Senate have elected to withhold submitting their approved proposal for capital bonding to pursue off-line negotiations over its provisions.
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PACE Financing Will Provide Homeowners with New Options for Energy Efficiency
March 01, 2010
by Julie L. Perrus
Ever considered adding a geothermal heating system or some solar panels to your home? Maybe you live in a home that is nearing the century mark with original windows and zero insulation in the walls. Legislation introduced this year by Senator John Doll and Representative Jeremy Kalin would provide homeowners a new way to access financing for renewable energy and energy efficiency improvements.
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The “Angel Investor Tax Credit”
March 01, 2010
by Michael W. Schley
Several bills have been introduced into the Minnesota legislature which would provide investors an “Angel Investor Tax Credit” based upon their investment in certain types of Minnesota small businesses engaged in high technology or green manufacturing. The bills also permit indirect investment by taxpayers through a “Certified Angel Investment Network Fund.”
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OSHA Update
February 10, 2010
by Bruce J. Douglas and Chris M. Heffelbower
Learn more about recent developments from OSHA.
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New 401(k) Contribution Deposit Rule
February 10, 2010
by Mary L. Komornicka and Krysta Mitchell*
Learn more about the Department of Labor's new guidelines governing employee contributions and participant loan repayment.
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Model COBRA Notices to Comply with Extension of COBRA Subsidy
February 10, 2010
by Chris M. Heffelbower
Learn more about the model COBRA notices issued by the Department of Labor.
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Potential Employer Liability for Employee Online Statements: New Guidelines by the Federal Trade Commission
February 10, 2010
by Jon S. Swierzewski and Sejal Desai Winkelman
Although an increasing number of employees are “tweeting” on Twitter and posting on Facebook, employers have been relatively slow to establish policies that would protect them from potential liability stemming from their employees’ participation in social networking sites and personal blogs.
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Recent Changes in Minnesota Law Seek to Battle The Effects of The Foreclosure Crisis
February 05, 2010
by Jessica B. Rivas
Abandoned, empty properties across the state of Minnesota have spurred a change in the Minnesota Foreclosure Laws. Changes affect homeowners who may now have the option to postpone foreclosure sales, lenders who are now required to protect vacant property and cities which are now able to secure abandoned buildings and reduce the redemption period.
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Mechanic's Lien Case Law Update
February 05, 2010
by Rob A. Stefonowicz
The Minnesota Court of Appeals recently decided two matters with implications on mechanic’s lien foreclosure procedures. The first case involves lien apportionment. In this matter, a lienholder filed a blanket mechanic’s lien on a 41-acre residential development, but then sought to foreclose its entire lien against only three of the lots in the development.
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Is a Home Mortgage Enforceable if Only One Spouse Has Signed It?
February 05, 2010
by Gary A. Van Cleve
Can a home mortgage be enforced if only one spouse signed it? The answer is, “it depends,” according to two recent decisions by the Minnesota Court of Appeals.
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Recent Decision Prompts Recommended Changes to Franchise Agreement
January 12, 2010
by Meredith A. Bauer
The recent decision in Burda v. Wendy’s International, Inc. et al., is prompting us to recommend that all franchisors review certain language regarding suppliers in their franchise disclosure documents and franchise agreements.
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Are You Up-To-Date On The Amended Franchise Rule FAQs?
January 12, 2010
by Meredith A. Bauer
The Federal Trade Commission has been periodically releasing new “Amended Franchise Rule FAQs.” To assist you in ensuring you are up-to-date with the latest FTC guidance, we have put together a summary of FAQs posted that may require changes or revisions to your franchise agreements or franchise disclosure document.
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Franchise Renewal Season is Upon us
January 12, 2010
by Charles S. Modell
For the majority of franchisors, the first quarter of the calendar year is also the first quarter of their fiscal year, and thus the time they focus on updating their franchise disclosure documents. Unfortunately, a simple review of existing documents will not always identify the issues that have occurred in the past year that require disclosure.
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Employer Liability for Employee Cell Phone Use
January 07, 2010
by Dayle Nolan and Ashlee M. Bekish
Do you think an employer could be liable if one of its employees, while driving and using a cell phone, causes an accident and injures another party?
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