Unemployment Law in Minnesota
The COVID-19 pandemic has brought many uncertainties to our society, including to our work force. Many people had to quit their job or were fired. Often, it is assumed that if an employee quit or was fired, they will be unable to receive unemployment in Minnesota. However, this is inaccurate. Under the law in Minnesota, you may be able to get unemployment if you were fired for several reasons, including simple unsatisfactory conduct, conduct an average and reasonable employee would have engaged in under the circumstances, mere inefficiency, or inadvertence. If you had to quit your job or were... Read More
Evictions During the Pandemic: Update
On June 29, 2021, the State of Minnesota enacted a law, Minnesota Session Laws 2021, 1st Special Session, Chapter 8 H.F. No.4, Article V, which phased out the COVID-19 based moratorium that suspended evictions and landlord-initiated lease terminations since March of 2020. As of today, most off-ramp protections ended on October 12, 2021. Landlords can file evictions for any legal reason except for non-payment of rent evictions for tenants who have a pending COVID-19 emergency rental assistance application. Moreover, on June 1, 2022, protections for tenants with pending COVID-19 emergency rental assistance applications expire on June 1, 2022; thus, eviction... Read More
Evictions During the Pandemic
COVID-19 has brought unprecedented changes in our world, including evictions in Minnesota. Governor Tim Waltz executed Emergency Executive Order 20-79 on July 14, 2020, which is still in effect for evictions in Minnesota. Under this Order, you cannot evict a tenant unless it falls under a few exceptions. Notably, the tenant may be evicted if they (1) seriously endanger the safety of others, (2) cause significant property damage, or (3) violate Minnesota Statutes 2019, section 504B.171, subdivision 1 (including but not limited to: controlled substances, prostitution, and unlawful possession of a firearm). It is unknown when Executive Order 20-79 will... Read More
Are Workplace Injuries Covered if I am now Working from Home?
Mankato Workplace Injury Attorney Minnesota Governor Tim Walz recently declared the coronavirus a “peacetime emergency”, and recommended certain actions for controlling its spread. One of those recommendations included asking businesses to allow teleworking whenever possible. With their workplace now redefined, many are wondering how that might affect their workers’ compensation benefits. Are employees still covered for an on-the-job injury while at home? Here is some vital information to know. Minnesota Workers’ Compensation Law According to the Minnesota Department of Labor and Industry (DLI), the state’s workers’ compensation system is a “no-fault system designed to provide benefits to employees who are injured as a... Read More
Case Law Update
Due to the coronavirus, Minnesota Governor Tim Walz signed executive order 20-01, postponing deadlines imposed by statute, including statutes of limitations. Governor Walz passed legislation suspending all statutes of limitations for 60 days after the end of the “peacetime emergency declaration.” The effective date of the statute is March 13, 2020; see Legislative Tolling Statutory Deadlines. It is unknown at this time what is specifically meant by the end of the “peace- time emergency declaration.” Please contact attorney Scott Kelly via email or call 507-625-2525 for further information.
Coronavirus In Minnesota And Workers’ Compensation Laws
Like many areas hit by the coronavirus, Covid-19 the virus responsible for the global pandemic has also ravished Minnesota. There has been 576 confirmed cases, 24 patients in ICU, and 10 reported fatalities from Covid-19. The coronavirus is spread from person to person and as a result, state officials have called for residents to self-quarantine. Also referred to as “social distancing,” many Minnesota residents have been furloughed or laid off from their job. In response to the record number of businesses closing down or reducing daily operations, the Coronavirus Stimulus Bill was signed into law. Keep reading more details below to find out... Read More
New Federal Legislation Requires Paid Time Off Related to COVID-19
On March 18, Congress enacted the Families First Coronavirus Response Act which imposes obligations on many employers to provide temporary paid benefits to employees. There are two separate laws which impose obligations on those employers who employ less than 500 employees. Therefore, this law impacts many small businesses. Paid Medical Leave The first new law is called the Emergency Family Medical Leave Expansion Act. Basically, it is Emergency FMLA. But unlike normal FMLA requirements, this Emergency FMLA applies to employers with less than 500 employees and employees who have worked at their place of employment for 30 or more calendar... Read More
COVID-19 Virus Concerns Trigger Estate Planning Questions
Do I need a living will or healthcare directive? Should I have a power of attorney in place? Does my will or trust need to be updated? These are some of the questions people are asking in the wake of growing concerns over the COVID-19 outbreak. Changes in the size and nature of your estate, your familial structure and family relations, as well as changes in the law are just few examples of events that can drastically and materially affect an outdated comprehensive estate plan. Under normal circumstances, these concerns are not top of the mind. But a global health... Read More
Seven Guidelines for Parents Who Are Divorce/Separated and Sharing Custody of Children During the COVID19 Pandemic
Leaders from the American Academy of Matrimonial Lawyers (AAML) and AFCC have released guidelines for coparenting during the COVID-19 pandemic. Seven Guidelines for Parents Who Are Divorce/Separated and Sharing Custody of Children During the COVID19 Pandemic 1. BE HEALTHY. Comply with all CDC and local and state guidelines and model good behavior for your children with intensive hand washing, wiping down surfaces and other objects that are frequently touched, and maintaining social distancing. This also means BE INFORMED. Stay in touch with the most reliable media sources and avoid the rumor mill on social media. 2. BE MINDFUL. Be honest... Read More
Minnesota CLE Replays Suspended–Updated
Due to COVID-19, Minnesota CLE has suspended all in-person CLE Replays from March 16th through May 8th. Therefore, the following replays at our office will be cancelled: Estate Planning, Probate & Trust Law 50 Friday, March 27, 2020 Uninsured, Underinsured, No-Fault & Bodily Injury Update Thursday, April 9, 2020 The SECURE Act Friday, April 17, 2020 Advising the Disadvantaged Session – Day 1 and Day 2 Thursday, April 30, 2020 Understanding Trusts–Practical Advice on Creating & Administering Trusts Friday, May 8, 2020 Minnesota CLE will be converting this CLE replay to their “On Demand classroom,” so it may be streamed... Read More