The modern-day family has evolved beyond the traditional model. Blended families are more common and can create unique challenges when it comes to estate planning and inheritance. One challenge with estate planning for blended families can be balancing the needs of a surviving spouse with the inheritance rights of children from previous marriages. Minnesota’s probate...

The federal government taxes the gratuitous transfer of property (transfers made without receiving compensation or value in return) made by a person during their life or as a result of their death. Most individuals in the United States will never pay federal gift or estate tax because these transfer taxes, for all practical purposes, only...

(This is an emerging issue as of the date of this writing—April 25, 2025.  Further legislation, rulemaking, administrative interpretation, litigation, or smarter attorneys may change or improve upon the analysis below.) As we approach January 1, 2026—the date on which Minnesota’s Paid Family Leave Act (Minnesota Statutes Chapter 268B) takes effect—employers and employment attorneys are...

In this issue: Dating Employees: How Employers Can Minimize Liability for Sexual Harassment Claims, U.S. Supreme Court Solidifies Standard of Proof for FLSA Exemptions, I Received a Minnesota Department of Human Rights Charge…Now What?, Dealing with Sick Calls Under ESST

When employers classify an employee as exempt from the Fair Labor Standards Act’s (FLSA) overtime-pay and minimum-wage requirements, the employer must demonstrate that the employee qualifies for an exemption.1 In litigation, it would be said that the employer “bears the burden of proof.” But how high is the bar for proof? In criminal cases, the...

Editor’s Note: This article was written on March 12, 2025. The statutes at issue are currently being debated by the legislature. Future legislation and caselaw may alter the decisions discussed herein. When the Minnesota Legislature rolled out Earned Sick and Safe Time (ESST) in 2023, most employers and HR professionals focused on the benefits the...

Receiving a charge from the Minnesota Department of Human Rights can feel like a complex and time-consuming process for employers. However, understanding the Minnesota Department of Human Rights procedure for investigating reports of discrimination can ensure you are equipped to manage a Minnesota Department of Human Rights charge if one comes your way. WHAT IS...