Legal News

The Department of Labor Proposed to Significantly Raise the Minimum Salary Requirements for Certain Exempt Employees (Again!)

No, this is not an old article from 2016. But it does revisit a hot topic from just over two years ago that had the business community clambering. As most employers recall, a little over two years ago owners, managers, and human resource personnel were bracing for the Department of Labor's ("DOL") much anticipated revision of overtime rules that were set to affect millions of employees currently classified as exempt under the federal Fair Labor Standards Act's Executive, Administrative, or Professional exemptions, commonly referred to as the "white collar exemptions."

Proposed Legislation to Lower the Standard to Prove Sexual Harassment

Minnesota is on the verge of changing the definition of sexual harassment in a way that will lead to more stringent legal responsibility and affect what action the business community needs to take to prevent it from occurring in the workplace.

On February 7, 2019 the Minnesota House of representative's judiciary committee, in a 16-0 vote, sent a bill to the floor that would lower the standard used to prove sexual harassment under the Minnesota Human Rights Act (MHRA). But does legislation deleting reference to an already long established standard to prove sexual harassment simply punt the question of how to determine future liability to the courts?

Schley Becomes Shareholder of Q&H

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Quinlivan & Hughes announced today that Jolene Klocker Schley has been elected a shareholder of the firm.

Originally from St. Cloud, Minnesota, Schley joined Quinlivan & Hughes in 2013 after serving as the Legal/Compliance/Credit Administration Officer at a commercial bank in the Twin Cities.

Charitable Giving and the 2017 Tax Reform Act

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The 2017 Tax Reform Act provided opportunities for individuals and couples who do a little planning to continue to make the most of their charitable giving and save a few tax dollars as well.

One of the biggest changes was that the Tax Reform Act eliminated personal exemptions for individual taxpayers and most deductions in exchange for nearly doubling the standard deduction. The 2018 standard deduction is $12,000 for individuals and $24,000 for married couples. Taxpayers who are 65 or older have an extra $1300 of standard deduction. Charitable contributions are still deductible, but most middle-income taxpayers will be better off using the standard deduction.

Supreme Court Holds that the Age Discrimination in Employment Act Applies to All State and Local Governments, Regardless of Size.

State and local government employers, especially those with less than 20 employees, should take note of the following decision by the Supreme Court. On November 6, 2018, in the case of Mount Lemmon Fire District v. Guido, the Supreme Court unanimously held that state and local government employers, regardless of size, must comply with the federal Age Discrimination in Employment Act ("ADEA").

Prior to this decision, the 8th Circuit Court of Appeals, that governs Minnesota, was one of four federal circuit courts that held the ADEA did not apply to state entities (including political subdivisions) with fewer than twenty employees. In overturning that interpretation, the Supreme Court found that "the text of the ADEA's definitional provision, also its kinship to the FLSA and differences from Title VII, leave scant room for doubt that state and local governments are 'employer[s]' covered by the ADEA regardless of their size."

8 Ways to Prepare Yourself for Year-End -- 2018

John Wenker

The end of 2018 is fast approaching and every year there are valuable items to consider. Do you have your items in order for year end? Planning today can help you achieve your desired outcomes. We know schedules can be demanding so here are the key items to consider to prepare yourself and your household for the end of the year. Download checklist.

Minnesota Court of Appeals issues opinion on Getz v. Peace, et al. that will impact recovery for Medicaid beneficiaries in personal injury cases.

The Court of Appeals held that Medicaid discounts are not collateral sources subject to offset under Minnesota Statute §548.251 and Swanson v. Brewster. As a result, a plaintiff can collect the entire amount billed by a health care provider at trial, even if Medicaid paid less than the billed amount to satisfy the bill. 

Sogge appointed as Minnesota Women Lawyer's liaison to the Minnesota State Bar Association Assembly.

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Attorney Jessie Sogge of Quinlivan & Hughes has accepted an appointment to serve as the Minnesota Women Lawyer's liaison to the Minnesota State Bar Association Assembly (MSBA) during the 2018/19 fiscal year.

As a member of the Assembly, Sogge will address issues that have a substantial bearing on the legal profession. Sogge will attend Assembly meetings and participate in one of five Assembly Committees. As a liaison for Minnesota Women Lawyers association (MWL), Sogge will report on important items that the Assembly is addressing and consult with MWL to determine specific issues to bring to the Assembly's attention.

The Willmar Rail Connector & Industrial Access Project (Willmar WYE) may impact homeowners and business owners.

The Willmar Rail Connector & Industrial Access Project (Willmar WYE) may impact Kandiyohi County homeowners and business owners along the planned route. A project of this type can raise many questions that are difficult to answer. Attorney Mike Rajkowski at Quinlivan & Hughes can answer questions or concerns you may have about your property being a part of the planned project. Quinlivan & Hughes Law Firm is experienced in dealing with matters such as right-of-way acquisitions, eminent domain, condemnation, and even relocation benefits. 

Ebert Elected Treasurer of Minnesota Bar Association

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(ST. CLOUD, Minn.) - Dyan Ebert of Quinlivan & Hughes has been elected treasurer of the Minnesota State Bar Association and will serve as president in three years.

Ebert is the second Quinlivan & Hughes attorney to serve as an officer of the association and become president. Mike Ford served as president of the Minnesota State Bar Association in 2008.

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