Hellmuth & Johnson Partners Attend Grammy Awards

“When one of our clients was nominated for two Grammy Awards, we just had to go!”said Blake Nelson, Managing Partner of Hellmuth & Johnson, PLLC (“H&J”). The adventure began when musical artist Stokley Williams, from the Minneapolis-based band and H&J client, Mint Condition, collaborated with New York-based R&B singer Kelly Price on the song “Not My […]

Avoiding the Accidental Partner

Life insurance is an expense a person incurs to protect loved ones from the inevitable. In a closely held entity there are two important “inevitables” against which the prudent business owners should also consider acquiring inexpensive “insurance.” Specifically, joint owners should have a candid conversation about life’s “what ifs” while the company is young. If […]

Rules of the road regarding chemically dependent job applicants and employees

The Americans with Disabilities Act of 1990, as Amended, 42 U.S.C. § 12101 et seq. (the “ADA”) generally applies to those employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. 42 U.S.C. § 12111(5)(A). Thus, most employers, of any meaningful size, […]

Is Unemployment Discrimination Allowed?

It is widely accepted and understood that discrimination against prospective employees based on things like national origin, sex, age, or race, just to name a few, is not permissible.  Placing an ad that excludes applicants based on any of these factors would certainly create undesirable consequences.  However, some companies are placing want- ads that require […]

Do I have to pay overtime?

In these challenging economic times, many businesses are asking more from all of their employees, including their salaried employees.  As a result, many businesses are requiring their salaried employees to work more hours and complete tasks that were previously performed by hourly or temporary employees.  For example, a salaried employee may now be doing both […]

Understanding Contract Termination

What does it mean to terminate a contract? To terminate a contract means to end the contract prior to it being fully performed by the parties. In other words prior to the parties performing all of their respective obligations required by the contract, their duty to perform these obligations ceases to exist. In general, the […]

New risks to homeowners in pursuing claims for construction defects

Real estate agents are often involved in the discovery of construction defects by their clients during the purchase agreement and inspection phase of a real estate transaction. The Minnesota Supreme Court recently decided the case of Camacho v. Todd and Leiser Homes, A04-599, filed November 23, 2005, which directly affects some homeowners with construction defect claims. […]

Considerations for your company’s privacy and social media policies

In the United States, companies are still primarily under a “self-regulation” model when it comes to privacy considerations. There are exceptions for regulated entities (i.e. financial institutions subject to Gramm-Leach-Bliley Act and healthcare providers subject to the Health Information Portability and Accountability Act) which must follow statutory based regulations on the development of privacy and […]

Considerations for home construction contractors handling insurance work

The Departments of Commerce and Labor and Industry published Bulletin 2010-4 (the Bulletin) in 2010 to address complaints of consumers and the insurance industry regarding perceived abusive practices being done by building contractors. In particular, consumers were concerned about contract language that required payment even if the homeowner did not pick that contractor to do […]

Using social media to make employment decisions

With the advent of Facebook, LinkeIn, MySpace, Twitter, and other content on the internet, it is inevitable that most employers will make use of such information to screen job applicants, monitor existing employees, and ultimately make employment decisions. For employers, the question is whether such developments are a positive innovation or a new risk that […]