Quinlivan & Hughes, P.A.FindLaw IM Template2024-03-13T19:55:17Zhttps://www.quinlivan.com/feed/atom/WordPress/wp-content/uploads/sites/1402038/2019/11/cropped-favicon-32x32.pngOn Behalf of Quinlivan & Hughes, P.A.https://www.quinlivan.com/?p=523852024-03-07T21:38:21Z2024-03-07T21:38:21ZEmployers are always looking for qualified workers. Finding employees who are dedicated, and hard working is the goal, but, to do this, it means employers must sometimes offer reasonable accommodations for employees. Businesses providing reasonable accommodation for employees with disabilities tend to find more job applicants and employee satisfaction.Understanding what reasonable accommodations are and how to implement them is important for creating an inclusive workplace environment. Let’s learn more about how to accommodate employees.
Understanding Reasonable Accommodation
According to the U.S. Department of Labor, reasonable accommodation means making modifications or adjustments in the workplace that allow employees with disabilities to perform their job duties. In Minnesota, employers with 15 or more employees must provide reasonable accommodations to qualified individuals with disabilities. This ensures they have equal employment opportunities.Below are some examples of incorporating reasonable accommodations into your workplace:
Flexibility in Work Schedules
Adapting work schedules is a common accommodation. It is often an affordable and easy step to take. It could involve modifying start and end times or implementing a flexible work-from-home arrangement.
Physical Workspace Modifications
Ensuring physical accessibility is important. This could mean installing ramps, widening doorways, or providing ergonomic furniture. These modifications not only benefit employees with disabilities but also contribute to a more inclusive workplace overall.
Assistive or AI Technologies
Incorporating assistive or AI technologies can be a game-changer. Screen readers, speech recognition software or specialized keyboards can empower employees with disabilities to perform their tasks effectively. Investing in such tools demonstrates a commitment to inclusivity. The U.S. Equal Employment Opportunity Commission has rules in place regarding AI in the workplace that are important to understand.
Periodic Reviews and Adjustments
Workplace dynamics evolve, and so do individual needs. Regularly review accommodation strategies and be willing to adjust as necessary.Employers continue to make strides in embracing the talents of people with disabilities. Compliance with disability accommodation laws is key to properly accommodating disabled employees and increasing employee satisfaction. If you would like to learn more about how to reasonably accommodate your employees and ensure your business is compliant with the law, our experienced employment attorneys are here to assist you. Contact Quinlivan & Hughes today for a consultation. ]]>On Behalf of Quinlivan & Hughes, P.A.https://www.quinlivan.com/?p=523982024-02-06T03:42:47Z2024-02-06T03:42:47ZRecently the Minnesota Secretary of State has contacted business owners advising them of reporting requirements under the Corporate Transparency Act, a federal statute. If you are unsure of your business’ requirements, let us provide you with an overview of what businesses are required to report and what information is required.Learn More About the 2024 Corporate Transparency ActThe Federal Government enacted the bipartisan Corporate Transparency Act (“CTA”) in 2021 to combat money laundering and other illicit financial transactions. The CTA requires that most incorporated small businesses, such as LLCs and S-Corps, and some trusts file a Beneficial Ownership Information Report with the Financial Crimes Enforcement Network (“FINCEN”) before January 1, 2025. A Small Entity Compliance Guide is available through FINCEN noting businesses required to submit a Beneficial Ownership Information Report. The guide can be found at: https://www.fincen.gov/boi/small-entity-compliance-guide . The Beneficial Ownership Information Report discloses to FINCEN which people and entities own or financially benefit from an interest in an entity or certain trusts. FINCEN has a very easy and user-friendly online portal where any member or shareholder of a non-exempt organization can file the Beneficial Ownership Information Report in relatively little time. You can access FINCEN’s online reporting portal at the following link: https://boiefiling.fincen.gov/fileboirWhat Do You Need to Report Your Beneficial Ownership Information?The Beneficial Ownership Information Report contains three sections. Before you begin the disclosure or application process, you will need the following information:
The full legal names, dates of birth, and addresses of all members or shareholders.
Pictures or scans of each member or shareholder’s driver’s license or passport.
The company’s Employee Identification Number (EIN).
The company’s registered name and registered address.
Part I of the Beneficial Ownership Information Report requires the applicant to enter basic information about the reporting entity. This includes the company’s name, registered address, and EIN. If your entity does not have an EIN, you may use your SSN or an Individual Taxpayer Identification Number. Part II of the Beneficial Ownership Information Reports requires the disclosure of information about the applicant, who is filling out the Beneficial Ownership Information Report on the entity's behalf. Most applicants will start at question number 19 of this section and will merely enter their personal information. The applicant will have to upload a picture of his or her driver’s license or passport at question number 33 of Part II.Part III of the Beneficial Ownership Information Report requires the applicant to enter the names, addresses, dates of birth, driver’s license numbers, and a copy of a state issued driver’s license (or unexpired passport) for all members or shareholders of the entity. If you own a single member LLC, you will be listed as the only beneficial owner. If there is more than one owner or shareholder, you will need to click the blue “Add Beneficial Owner” box on the top right of the webpage to add additional members. The final portion of the report requires that the discloser certify the truth and accuracy of the disclosures. Unfortunately, there are a lot of scams surrounding the Beneficial Ownership Information Report in which companies will offer to fill out the Beneficial Ownership Information Report for a company for a set fee. However, most people with basic computer skills will find the disclosure process simple and easy and will have no need to pay a third party to fill out the Beneficial Ownership Information Report on your behalf. If you need assistance with completing this reporting requirement or have questions regarding the Act, Quinlivan & Hughes have experienced business attorneys who are here to assist your business. Please contact our office at 320-251-1414 for a quote. ]]>On Behalf of Quinlivan & Hughes, P.A.https://www.quinlivan.com/?p=523902024-02-02T21:58:31Z2024-01-30T21:58:02Z
Michelle Draewell has been an integral part of our legal team, demonstrating exceptional dedication and experience in medical malpractice, insurance defense, and commercial litigation. Her commitment to delivering high-quality legal services has contributed significantly to the success of our firm.
Michelle grew up in South Dakota but has called Minnesota home since college. She is an active member of the St. Cloud community and is thrilled to become a shareholder in the firm.
Jeff Clancy has exhibited outstanding legal acumen and leadership during his tenure at Quinlivan & Hughes. His contributions to our business law, mergers & acquisition, commercial real estate, telecom, and non-profit practice areas have played a key role in advancing our firm's reputation for excellence.
A native of Michigan, Jeff now calls Minnesota home and has worked in the past for the Minnesota Vikings and was an adjunct professor for St. Cloud State University.
The decision to appoint Michelle Draewell and Jeff Clancy as shareholders reflects our commitment to recognizing and rewarding exceptional talent within our organization. As shareholders, they will play a crucial role in shaping the future of Quinlivan & Hughes and further strengthening our position as a leading law firm in Central Minnesota.
Please join us in congratulating Michelle Draewell and Jeff Clancy on their well-deserved promotions. We look forward to their continued success and contributions to the growth and success of Quinlivan & Hughes. Quinlivan & Hughes, P.A. has been practicing law in Minnesota for over 100 years and is dedicated to providing the highest quality legal representation.]]>On Behalf of Quinlivan & Hughes, P.A.https://www.quinlivan.com/?p=523582023-12-28T05:15:06Z2023-12-28T05:15:06Zinitial filings for unemployment benefits in Minnesota increased to 9,824 in the week ending December 2. The numbers went up from 6,244 the week before. This represents a 56.4% increase in new claims. While this may seem like a significant jump, it is important to remember that the state's unemployment rate remains low at 3.3%. That is below the national average of 3.6%.
How Does it Affect Your Insurance?
Unemployment claims can have an impact on your insurance in various ways. In general, if you receive unemployment benefits, you may be eligible for certain insurance coverage or benefits that can help you financially during this time.
For example, you may be eligible for COBRA. This allows you to continue your employer-based health insurance coverage for a limited time after losing your job. Additionally, some states offer unemployment insurance. This can provide financial assistance for your living expenses. Some insurance companies may also offer discounts or special programs for individuals receiving unemployment benefits.
However, it is important to note that unemployment claims can also affect your ability to obtain certain types of insurance, such as life insurance or disability insurance. This is because some insurers may view unemployment as a higher risk. It would be best to consult with an attorney to understand the specific impact of unemployment claims on your insurance coverage.
How Does it Affect the Insurance Industry?
As more people enter the workforce, it is not uncommon to see an uptick in new claims as some individuals experience job loss or transition to new positions. The increase in initial unemployment claims in Minnesota could have a ripple effect throughout the insurance industry. And this may lead to higher premiums for consumers and increased demand for certain types of insurance policies, such as:
Health insurance
Disability insurance
Life insurance
Worker’s compensation
Business interruption insurance
But while the increase in new claims in Minnesota is a slight cause for concern, it is important to keep things in perspective. With the state's unemployment rate remaining low, the Minnesota economy remains healthy and vibrant.
Established 100 years ago, Quinlivan & Hughes ranks among the oldest and one of the largest law practices in Central Minnesota. The full-service law firm has growing legal teams in the areas of employment law, business law, government law, insurance defense, trust and estate planning and general litigation. Learn more at Quinlivan.com.]]>On Behalf of Quinlivan & Hughes, P.A.https://www.quinlivan.com/?p=523522023-12-08T16:26:13Z2023-12-08T16:26:13ZEnsuring a lasting legacy
According to CNBC, only 33% of Americans have an estate plan. Unless lifetime charitable gifts or designations have been made, that means that 67% have not designated any charitable contributions upon death. However, charitable giving is a powerful way to leave a lasting legacy. By allocating a portion of your estate to philanthropic causes, you contribute to the betterment of society. This legacy reflects your values and ideals, allowing your impact to extend beyond your lifetime.
Potential tax advantages
Both Minnesota and the Federal Government incentivize philanthropy by providing tax deductions for charitable donations. By incorporating donations into your estate plan, you can mitigate the tax burden on your heirs while supporting important causes to you.
In addition, estate taxes can diminish the wealth you have worked hard to accumulate. Charitable giving provides an avenue to navigate these complexities. By directing funds to charitable organizations, you may reduce the taxable value of your estate, making your estate taxes simpler.
Fulfilling charitable intentions
Stating your charitable intentions in your estate plan aligns your contributions with your values. Clearly defining the recipients and purposes of your donations helps prevent misunderstandings and ensures that your generosity has the intended impact.
Encouraging family philanthropy
By involving your family in the decision-making process, you foster a culture of philanthropy. This not only strengthens family bonds but also ensures that your charitable legacy continues through the hands of your family and friends.
Charitable giving is a pivotal component of estate planning. As you contemplate the future of your estate, consider the profound influence charitable giving can have on both your financial legacy and in your community.]]>On Behalf of Quinlivan & Hughes, P.A.https://www.quinlivan.com/?p=523462023-12-06T13:45:44Z2023-12-06T13:45:44ZYour trustee will have various responsibilities, including the following:
Upholding fiduciary obligations to you and the trust
Overseeing assets within the trust and performing financial duties, such as paying bills and filing tax-related documents
Organizing all paperwork involving the trust to keep all transactions documented
Maintaining inventory of the trust's assets
Taking measures to manage complex assets appropriately
Trustees may also take on additional responsibilities, depending on the circumstances. The amount of work could significantly rely on the trust and the beneficiaries' needs. These responsibilities can help you gauge who to name as your trustee.
Sometimes, the tasks can become too much to handle alone. You can appoint multiple trustees to distribute the expected work and involve a professional or corporate trustee with more experience. The appropriate arrangement can hinge on how extensive or diverse your assets are, especially if you have unique circumstances that may affect what happens to the trust after you pass on.
Established 100 years ago, Quinlivan & Hughes ranks among the oldest and one of the largest law practices in Central Minnesota. The full-service law firm has growing legal teams in the areas of employment law, business law, government law, insurance defense, trust and estate planning, and general litigation. Learn more at Quinlivan.com.]]>On Behalf of Quinlivan & Hughes, P.A.https://www.quinlivan.com/?p=523172023-11-06T15:48:58Z2023-11-06T15:47:34ZA revocable living trust is often created alongside a will. Doing so allows you to appoint a trustee and transfer ownership of your assets to them. This grants ownership to your trustee while you still retain control over the assets during your lifetime.
Revocable living trusts are distinguished from irrevocable trusts primarily by their ability to be altered or terminated at any time. It is far more difficult to change an irrevocable trust.
The Benefits of Revocable Living Trusts
Revocable living trusts (also called "revocable trusts") offer many beneficial options to grantors and their loved ones. One of the most advantageous benefits of having a revocable living trust is that the assets included are not subject to probate after you pass away. Instead, because you have already named a trustee, the trust will remain operational. Avoiding probate also means that your privacy is protected. Typically, probate proceedings for an estate are open to the public. However, your information is kept private because you have already selected a trustee.Another benefit to a revocable living trust is that you can designate a trustee to take over and handle your affairs should you become incapacitated due to illness or an accident. This means that your spouse or children will not have to go through the process of naming an emergency trustee.
The Drawbacks of Revocable Living Trusts
There are some drawbacks to keep in mind regarding a revocable living trust. There are no direct tax benefits because you retain control of your assets. As such, you are required to report any income earned from the trust on your personal tax return.Creating a revocable living trust can be an expensive and time-consuming process. The trustee must be given titles to assets such as vehicles, investments and bank accounts. The deeds must be reissued in their name.When deciding whether to set up a revocable living trust, consider seeking legal guidance. Established 100 years ago, Quinlivan & Hughes ranks among the oldest and one of the largest law practices in Central Minnesota. The full-service law firm has growing legal teams in the areas of employment law, business law, government law, insurance defense, trust and estate planning, and general litigation. Learn more at Quinlivan.com.
]]>On Behalf of Quinlivan & Hughes, P.A.https://www.quinlivan.com/?p=523032023-10-30T06:10:33Z2023-10-30T06:09:43ZValid reasons for taking the leave
The ESST law signifies a significant step forward in employee rights, granting employees the authority to take paid leave for various circumstances. These circumstances can include:
Personal or family illness (whether infectious or not)
Seeking assistance in instances of sexual assault or domestic abuse experienced by the employee or their family members
Coping with closures of workplaces or care facilities due to weather or public emergencies
Ultimately, the ESST law enhances the support system for employees as it recognizes that they need to balance work with personal and familial health and safety needs.
Eligible employees
As mentioned, employees are eligible for ESST if they work at least 80 hours yearly for a Minnesota employer. It is important to note that independent contractors are exempt from this law. Also excluded are building and construction industry employees who are represented by a building and construction trades labor organization if a valid waiver of these requirements is provided in a collective bargaining agreement. However, the law includes temporary and part-time employees within its terms.
The ESST law is not just a mandate – it is a way to bring about change. By giving paid leave to all eligible workers, this law shows Minnesota's promise to create a work environment that cares about its workers. Under this law, employees accumulate one hour of sick and safe time for every 30 hours worked, with an annual cap of 48 hours, unless the employer opts to allocate a more substantial allowance.
Established 100 years ago, [nap_names id="FIRM-NAME-1"], ranks among the oldest and one of the largest law practices in central Minnesota. The full-service law firm has growing legal teams in the areas of employment law, business law, government law, insurance defense, trust and estate planning, and general litigation. Learn more at Quinlivan.com.]]>On Behalf of Quinlivan & Hughes, P.A.https://www.quinlivan.com/?p=522932023-10-10T05:54:05Z2023-10-10T05:54:05ZThe high cost of employee misclassification
Misclassification occurs when a company’s employee is designated an independent contractor. This can hurt the employee regarding benefits, wages, paid time off and workers' comp coverage. Furthermore, it deprives the government of needed tax revenue and gives the company an unfair advantage over its competitors.
Consequently, the government severely punishes any company that misclassifies its employees, intentionally or accidentally. IRS penalties may include:
$50 fine for each unfiled W-2
5% penalty of employees’ wages
40% of FICA taxes not withheld from the employees and 100% of the FICA taxes owed by the employer
Furthermore, a business may find themselves subject to civil lawsuits.
To prevent employee misclassification, an employer should do the following:
Understand the key differences between employees and independent contractors, such as the level of control an employer has over the worker’s tasks and how they are paid
Conduct a comprehensive analysis that reviews the actual duties and responsibilities of each job
Review agreements and contracts to ensure they accurately reflect the working relationship between the company and the worker
Establish clear policies that outline the differences between employees and independent contractors
Maintain detailed records for each worker that states work hours, job duties and payment
It’s also best practice to have everything reviewed by someone who understands the complexities of state and federal regulations. They can help ensure that your policies and procedures are legally sound.
Established 100 years ago, [nap_names id="FIRM-NAME-1"], ranks among the oldest and one of the largest law practices in central Minnesota. The full-service law firm has growing legal teams in employment law, business law, government law, insurance defense, trust and estate planning, and general litigation. Learn more at Quinlivan.com.]]>On Behalf of Quinlivan & Hughes, P.A.https://www.quinlivan.com/?p=522692023-09-22T21:38:06Z2023-09-22T21:38:06ZUnderstanding the Will
A will expresses how a person wishes their property to be handled after their death. For instance, you can use a will to specify the division of assets among your spouse and children after your passing. A will goes through probate, a process in which the court validates the will and oversees the distribution of assets. Consequently, a will lacks privacy. After probate, it becomes a public record, accessible to anyone interested in its contents and asset distribution. Moreover, a will typically distributes the property in a lump sum, and beneficiaries may be responsible for settling taxes and debts associated with the estate.
Unveiling the Living Trust
On the other hand, a living trust is a legal document that allows someone to transfer their property to a trustee, who will manage it for the benefit of beneficiaries, such as a husband or wife, children, or an organization. Once the property is transferred into the trust, it takes immediate effect, enabling the trustee to oversee the assets for the beneficiaries. This provides several advantages, including avoiding probate, maintaining privacy, and ensuring a continuous income stream for beneficiaries. Additionally, it can take effect if the grantor is unable to manage their own affairs due to illness or injury, at which point a successor trustee assumes control of the assets outlined in the trust document.
Distinguishing Between the Two: Will vs. Living Trust
When it comes to estate planning, choosing between a living trust and a will requires careful consideration.
While both options have their merits, a living trust offers distinct advantages that make it a compelling choice. One of its primary benefits is the ability to bypass the often lengthy and costly probate process, ensuring a more efficient and cost-effective distribution of assets. Additionally, a living trust provides precise control over asset distribution, enabling tailored support for beneficiaries based on their unique needs and circumstances. Furthermore, this trust offers a seamless transition of asset management in case of your incapacity, providing crucial financial stability during challenging times. Despite these advantages, it's essential to recognize that wills also have their place, especially for those with simpler estates.
Consulting an attorney is vital to navigate these options effectively, ensuring that your estate plan aligns with your specific goals and needs.
Established 100 years ago, [nap_names id="FIRM-NAME-1"], ranks among the oldest and one of the largest law practices in central Minnesota. The full-service law firm has growing legal teams in the areas of employment law, business law, government law, insurance defense, trust and estate planning, and general litigation. Learn more at Quinlivan.com.]]>