Overview of Procedural Rules for Contested IRCA Cases Before the DOJ Office Of Special Counsel
Contested cases that prosecute a Immigration Reform and Control Act, or IRCA, claim, have their own unique set of rules. Lawyers will recognize some rules which are consistent with the rules of civil procedure. The rules are set forth in a code of federal regulations. A claim begins when an individual, or government, files a […]
How Federal Wage and Hour Law Is Used to Deter Illegal Immigration
Every business and employer must carefully classify its workers as employees or independent contractors to avoid problems with multiple federal laws. The United States Department of Labor is empowered to investigate instances where employers misclassify workers as independent contractors to avoid federal wage and hour law. Legal and illegal immigrants can sue employers who misclassify […]
Immigration Enforcement Under the Immigration Reform and Control Act
The federal government can, and does, impose penalties on businesses and employers who hire illegal aliens. These penalties can be severe. On December 29, 2016, the government filed a Final Decision and Order levying a $58,950 fine against a business for 107 violations I-9 compliance requirements. The original complaint against the business had sought a […]
The Benefits of Trademark Registration
Only three days after firing Tracy Claeys, the University of Minnesota announced PJ Fleck as its fifth football head coach in ten years. The events leading up to Claeys’ dismissal have deeply hurt the reputation of the University and its football program. The University and athletic department specifically have faced tremendous local and national criticism […]
The Ever-Changing Landscape of Federal Overtime Regulations
In May 2016, the Department of Labor implemented a new rule raising the salary threshold for exempt employees from $23,660 annually, or $455 per week, to $47,476 annually, or $913 per week. In other words, in addition to other tests, an employee needed to be paid at least $47,476 annually in order to be exempt […]
Implementation of Minnesota’s Buffer Law is Underway: Enforcement
This update, the third in a series of updates about the Buffer Law’s implementation, will summarize existing and developing provisions on how the law will be enforced. Click here to read part one, part two, and part four. Local Implementation and Assistance Soil and water conservation districts (SWDCs) are required to provide landowners with technical assistance. The statute […]
Implementation of Minnesota’s Buffer Law is Underway: Public Waters Compliance
This is part two in a series on updates to buffer law implementation. Click here to read part one, part three, and part four. With the November 2017 deadline for landowners with land adjacent to public waters approaching, the Minnesota Board of Water & Soil Resources is putting some flesh on the bones of the law by […]
Standard Choice of Forum Clause in Agricultural Loan Documents
Could a Standard Choice of Forum Clause in an Agricultural Loan Document Subject Your Bank to a $2,500.00 Penalty? While care must always be employed when drafting loan documents, a bank must be extra diligent in preparing appropriate documents when the loan proceeds will be used for agricultural purposes. There are a whole host of […]
Minnesota Gets Set to Implement Updated Buffer Law
The 2016 Minnesota State Legislature passed some amendments to the 2015 “Buffer Law” that was a cornerstone of Governor Dayton’s agenda. In general, the law requires landowners to create buffers on land that is adjacent to public waterways in order to minimize the amount of runoff getting into public waterways. The most noteworthy updates were […]
All About Transfers of Family Entity Interests
Valuation Discounts For business owners who intend to make lifetime transfers of part of their closely-held entity interests to their descendants, there is a vanishing opportunity for discount planning over the next few months. The IRS, in Prop. Treas. Reg. §25.2704 issued August 2, 2016, is implementing further restrictions that may virtually eliminate valuation discounts […]