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The Iceman Cometh: Understand Minnesota Slip/Fall Liability

With the long Minnesota winter looming, everyone is pulling out their parkas, their boots, their snow shovels. We also are winterizing our cars, making sure the snowblower is operating properly and contracting for snow removal. This also is a good time of year to become aware of the Minnesota laws on slip and fall liability as we prepare to negotiate those icy sidewalks, parking lots and streets. Of course, falls can happen any time of the year and be caused by any number of conditions, but in Minnesota, ice is a main culprit. The information we present here will apply...
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What to Do When Your Car Is Totaled in an Accident?

You have been in a pretty serious accident. Hopefully you walked away from it a little banged up, but otherwise fine. Unfortunately, even if you didn’t get hurt in the accident, your car sure did. From many minor accidents, a car can usually be salvaged and fixed up, but when your car gets classified as “totaled,” what do you do next? Contact your nj car accident lawyer. When is a Car Considered Totaled? First, you need to know what it means to be totaled so that you can make the right decisions. Typically, you can tell just by looking at...
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What Are the Symptoms of Whiplash from an Auto Accident?

Whether it was a severe accident or even a minor fender bender, whiplash is one of the most common injuries to result from auto accidents. While treatable, whiplash can be a minor annoyance, but in the worse cases can result in nerve damage. However, what makes whiplash so frustrating is that it might not be an apparent injury right away. In order to effectively document and seek treatment or damages for whiplash, it is important to know the symptoms. What is Whiplash? The term whiplash is thrown around a lot, but very few people actually know what it is. The...
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Understand the Timeline for a Minnesota Personal Injury Claim

Most people understand the importance of receiving medical care when they have been injured. But in the blur of treatment and recovery from the injury, what many may not understand is the importance of receiving timely legal advice about how you or your family will pay for that expensive medical care and lost work time. Determining who is responsible for the injury to you or a family member can be a quick or a drawn-out process, so it’s important that you understand the timeline for a Minnesota personal injury claim. What Is a Personal Injury Claim? But before we get...
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Is It Reasonable To Ask, “Can You Be Held Liable for Sending a Text to a Driver Causing An Accident?”

Based upon judicial decisions in recent years, there appears to be a legal basis for asking the question, “Can you be held liable for sending a text to a driver causing an accident?’ Two cases have opened the door to accident victims seeking damages from those that knowingly send texts to those operating motor vehicles at the time. One suit followed a 2009 motorcycle accident in New Jersey, while the other followed a 2014 motorcycle accident in Pennsylvania. Both the cases garnered national attention because text senders were sued. In the New Jersey case, a subsequent opinion rendered by the...
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Local Event Aims to Provide Furniture for Area Flood Victims

MANKATO, Minn.— In response to the impact that heavy rains and flooding have had on residents of Waseca, St. Clair and other local communities, a group churches, schools and area businesses have to come together and established an event to help area flood victims.  The event, Furniture for Flood Families, is geared at soliciting donations of well-cared-for furniture to help those that have lost items to flood waters. According to one local organizer, Scott Kelly of the Farrish Johnson Law Office in Mankato, the event is focused on neighbors helping neighbors.  He said, “Some of these families have suffered significant...
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New Federal Overtime Rule is Fast Approaching

A new federal overtime rule goes into effect on December 1, 2016.  The rule raises the Fair Labor Standards Act salary threshold for those white-collar employees who are exempt from overtime from $455/week ($23,660) to $913/week ($47,476.00).  This means that an employee who makes less than $47,476.00 per year must be paid overtime. There are plenty of options to ensure compliance with this new rule.  For example, an employer can (1) raise the employee’s salary to the threshold to keep from paying overtime; (2) keep the employee’s salary the same but limit the employee’s hours to 40 hours per week;...
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Estate Taxes Still an Issue

With the federal estate tax beginning for estates in excess of $5.4 million, most families no longer concern themselves with avoiding the imposition of this tax.  However, Minnesota residences or non-residences with Minnesota property still face Minnesota taxes for estates that exceed $1.6 million.  Do not assume that estate planning is no longer necessary simply because of the size of the federal exemption. There are a number of planning opportunities for families to avoid or minimize Minnesota estate tax. For more information on Estate Taxes and Estate Planning, contact Steve Fink at Farrish Johnson Law Office. This webpage contains general...
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Severance Agreement Review

Have you been presented with a severance agreement in conjunction with your termination from employment?  Also known as a termination agreement, a severance agreement can be a very detailed legal document setting forth a number of terms and conditions.  These terms and conditions can be confusing, complicated, and very restrictive.  For example, the severance agreement may include a non-compete agreement, prohibiting you from potential future job opportunities, or may include a release of any potential claims you have against the employer. If you have been presented with a severance agreement, it is critical to reach out to an attorney who...
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Minnesota Pregnancy Accommodation Law

Minnesota law requires employers with 21 or more employees at one or more sites to provide reasonable accommodation to an employee for health conditions related to pregnancy or childbirth unless the employer demonstrates that the accommodation would impose an undue hardship on the operation of the employer’s business.  Any employee working for the employer at least 12 months and the equivalent of one-half of the employer’s full-time employment requirement is eligible for the accommodations.  Some accommodations are required if requested by the employee on the advice of the employee’s licensed health care provider or certified doula.  Some accommodations are automatic...
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