Establishing clear and comprehensive best practices for workplace misconduct is essential for fostering a healthy and productive work environment. These guidelines not only define acceptable behavior but also empower leaders to address issues promptly and effectively.

By proactively outlining expectations and consequences, organizations provide a framework that encourages accountability and professionalism. In the unfortunate event of misconduct allegations, having a well-defined set of procedures facilitates a fair and thorough workplace investigation. This not only mitigates legal and reputational risks but also ensures that the investigation is conducted transparently and impartially.

Additionally, such best practices serve as a preventive measure by promoting a culture of respect and integrity, ultimately contributing to employee satisfaction and retention. Regular training and communication about these guidelines reinforce the commitment to maintaining a safe and respectful workplace, empowering leaders to handle misconduct issues with confidence.

The employment law group at Wagner, Falconer, & Judd recommend the following tips when conducting your workplace investigations, whether you are conducting them yourself, or decide to outsource the investigation:

DO:

• Explain confidentiality issues (and that confidentiality cannot be guaranteed).
• Explain retaliation issues (particularly that any retaliatory conduct should be reported immediately).
• Take time in interviews. If an interview is taking longer than anticipated, notify subsequent interviewees of any expected delay.
• Be courteous and professional toward witnesses, including the complainant and accused.
• Ask non-leading questions and provide the witnesses an opportunity to speak. Do not cut off the witnesses.
  • Don’t forget: who, what, when, where, why, how

DON’T:

• Accuse: accusatory questions that are likely to put the witness on the defensive. For example, questions like “Did you sexually harass Employee X at the Employer’s holiday party on December 23rd?” should be avoided. “Could you describe your interaction with Employee X at the Employer’s holiday party on December 23rd?” is a better approach.
• Become angry or emotional
• Use legal jargon. (For example, sexually harassed, discriminated, constructively discharged, and so on.)
• Use conclusory statements like “when Employee X harassed you, what did they do?”
• Reveal the source of the questioning unless absolutely necessary. “Ms. X stated that you stole our Employer’s trade secrets and shared them with our competition.”
• Make predictions on the outcome of the investigation to any of the interviewees, such as “this conduct is outrageous, Employee X is going to be fired for sure.”
• Express agreement or disagreement with a witness’ statement.

To ensure the legality and comprehensiveness of the investigation process, it is highly recommended to consult with an experienced employment attorney. Legal expertise can provide invaluable guidance in navigating complex situations, minimizing potential risks, and ensuring that the company’s actions align with applicable laws and regulations. Investing time and resources in a well-structured investigation process not only safeguards the organization from legal repercussions but also demonstrates a commitment to maintaining a workplace where employees feel safe, valued, and heard.

Ultimately, prioritizing the integrity of workplace investigations is an investment in the long-term success and reputation of the company.

Navigating the complexities of traffic tickets can be daunting. From understanding the charges against you to knowing your rights and options, it can all seem overwhelming. That’s where we come in! At WFJ, we’re here to help you every step of the way. When you call us, make sure you have the following information to make the process as stress-free as possible:

1. Details about the Violation

First things first, send us a picture of your ticket. This allows us to look up your court case and gather crucial information such as court dates and the charged offense(s) against you. It’s a simple and efficient way to kick-start the process.

2. Understanding Minnesota’s Petty Misdemeanors

Many traffic tickets in Minnesota, like speeding tickets, are charged as petty misdemeanors. While they may not be considered crimes in Minnesota, a conviction for a petty misdemeanor will go on your driving record. This can have a negative impact on your car insurance rates. Don’t let a simple mistake lead to long-term consequences.

3. No detail is too Small

When you call us about your traffic ticket, provide as much detail as possible. Tell us about the weather conditions, the traffic situation, and the reason the officer gave for pulling you over. Share what you told the officer during the stop. The more information we have, the better we can assist you.

4. Time-Sensitive Responses

Remember, you have 30 days to respond to your ticket. You can either:

• Pay the ticket online, by phone, or by mail.
• Call the Court Payment Center phone number listed on the back of the ticket to schedule a court date, which is usually an Arraignment.

5. Special Arrangements in Select Counties

For tickets received in Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County, you have the option to schedule a Hearing Officer Appointment. This informal meeting with a court administrator—known as a Hearing Officer (not a judge or prosecutor)—allows you to discuss potential eligibility for a reduced ticket fine or a driving probation period. This can help keep the charged offense(s) off your driving record and expedite the resolution process.

6. No Need for Driver’s License Picture

While we don’t require a picture of your driver’s license, it’s essential for us to know if you have a Commercial Driver’s License (CDL). Special traffic laws apply to individuals with a CDL, and we want to ensure we provide you with the most accurate and relevant advice.

7. Limitations of the LegalShield Traffic Benefit

Please note that the LegalShield traffic benefit generally does not cover criminal offenses, such as DWIs. Additionally, it does not cover matters involving a Commercial Driver’s License unless you have the CDL Supplement Plan.

Don’t let a traffic violation derail your life. Reach out to WFJ for expert guidance and support. Our team is dedicated to helping you understand your options, protect your rights, and navigate the legal system with confidence. Contact us today and let us help you resolve your traffic violations efficiently and effectively!

Navigating the rental market can be a daunting task, with both landlords and tenants seeking clarity on their rights and responsibilities. Minnesota has recently introduced new landlord-tenant laws aimed to enhance the rights and protections for both parties involved in the rental agreement.

Pet policies

Good news for pet owners! If you are renting a place in Minnesota, your landlord cannot demand declawing or devocalization of your furry companions.This ensures that pet owners can access housing without having to put their pet through an unnecessary and potentially harmful (and expensive!) procedure.

Your Right to Move-in/Move-out Inspections

Before moving in or out of a rental property, tenants now have the right to request inspections. This not only ensures transparency but also allows both tenants and landlords to document the condition of the rental property, helping to avoid disputes over security deposits down the road. So don’t hesitate to ask for the inspection-it’s in your best interest!

Transparent Fee Disclosure

Say goodbye to hidden fees! Landlords are now required to disclose all non-optional fees in addition to rent in the form of a “total monthly payment.” This transparency ensures that tenants are fully aware of all the costs associated with their rental agreement upfront. No surprises, just straightforward and honest dealings.

Minimum Heat Standards

Nobody likes shivering through the winter months. Thanks to the new law, landlords must ensure that heating is provided- maintaining a minimum temperature of 68 degrees Fahrenheit from October 1 to April 30. Allowing tenants to remain comfortable during the chilly Minnesota winters without having the crank up their own heaters.

Fair Eviction Practices

If you are facing financial difficulties and are at risk of eviction due to non-payment of rent, landlords are now required to send a letter at least 14 days prior to filing an eviction action. This will give tenants a fair chance to address issues before facing eviction proceedings.

Advance Notice for Entry

Under the new law, landlords must provide at least 24 hours’ notice for non-emergency entry into the rental property. Additionally, entry may only occur between 8 a.m. and 8 p.m., allowing tenants to plan and prepare for any necessary access by the landlord.

Lease Renewals

Planning ahead is crucial, especially when it comes to where you live. Landlords are now prohibited from forcing tenants to renew a lease more than six months before the current lease expires. This allows tenants to make decisions based on their changing circumstances without feeling pressured.

These new landlord-tenant laws are designed to create a more fair and transparent rental market for everyone involved. They aim to foster healthier landlord-tenant relationships and protect both parties from legal risk. Whether you are a landlord or a tenant, it’s essential to stay informed about your rights and responsibilities under these new regulations.

If you have concerns about a rental agreement, or are a landlord looking to protect their property, don’t wait! Take the time to review your rights and obligations under these updated regulations-and don’t be afraid to reach out to Wagner, Falconer & Judd to help you simplify the process!

It’s no surprise that the number of DWI’s and alcohol related crashes increases during the St. Patrick’s day weekend. If you are caught drinking and driving, the luck of the Irish won’t be much help, but advice from an attorney could be invaluable.

1.  Always have your driver’s license, registration, and Proof of Insurance in a location where you can easily locate them. Police Officers will take notice if you fumble around looking for these items. In the eyes of the Police Officer, fumbling can be used against you as a sign of impairment.
2. Be polite and cooperative. However, please remember, you have absolutely no obligation to provide any information to the police officer except for the items listed above. In fact, it always better to not answer questions about how many drinks you may have had and where you are coming from/going to. (You are free to exercise your right to remain silent.)
3. If the police officer requests that you get out of your vehicle to do some Field Sobriety Tests, you may refuse to do so. These tests can include reciting the alphabet backwards, and walking in a straight line. Whether or not it is a good idea to take these tests depends on the situation. If you are not impaired, full cooperation is the quickest way to be sent on your way. However, if you are impaired (or fear you might be), your cooperation can provide incriminating evidence that could be used against you at trial.
4. If the Police Office requests that you take a Preliminary Breath Test, commonly referred to as “PBT”,  at the initial traffic stop you may refuse to do so. Putting in breath mints, chewing gum, or drinking coffee will not help if you have been drinking. If the PBT indicates that your Blood Alcohol Content “BAC” is above the legal limit (.08 in MN and most other states), you will likely be arrested for Driving While Impaired or Intoxicated. (“DWI”).
5. If you are arrested for DWI in Minnesota (this applies to most other states as well, but always be aware of the laws in your specific location), Police Officers have an obligation to inform you of the Implied Consent Advisory. An Implied Consent Advisory will inform you that the law requires you to take the test to determine your BAC, even if you already took the PBT on the side of the road. When the Police Officer informs you to take a breath test at the station, you must do so. It is never in your best interest to refuse to take a test at this point, doing so will most likely result in more serious criminal penalties, longer license revocation, and mandatory ignition interlock. (Which comes at an extra cost to you!)
6. Before taking the test, you have a right to consult with an attorney. In fact, Police Officers must supply you with a phone book in order to ease your search to contact an attorney. However, it is always best to have an experienced Criminal Defense team at the ready, like WFJ, through LegalShield or other methods, as a contact in your cell phone to call case of an  emergency.
7. Regardless of the outcome, use the experience as a lesson. Consider alternative transportation options for future events, such as designated drivers, rideshare services, or public transportation. Planning ahead can prevent similar situations in the future.

While the goal is always to celebrate responsibly, life is unpredictable, and mistakes can happen. But DWI charges are complicated-they can result in serious jail time, fines, loss of license, forfeiture of your vehicle, and a criminal record. You should always seek competent legal advice as soon as possible. If you find yourself in this position, contact Wagner, Falconer & Judd for a consultation.

In the construction industry, where flexibility and specialized skills are heavily sought after, the classification of workers as independent contractors has long been a common practice. Independent contractors bring a range of talents and expertise to construction projects, offering unique advantages for both employers and workers.

However, recent developments in labor regulations have brought about significant changes in how independent contractors are classified, particularly in the construction sector. It is crucial for all stakeholders involved to stay informed and adapt to these new requirements to ensure compliance with the law.

The reclassification of independent contractors have significant implications for construction projects. From compliance with wage and hour laws to eligibility for certain benefits, the changes affect how construction businesses operate and engage with their workforce.

The New (Old) Regulations

Beginning March 11, a new Department of Labor rule will change how employers determine if a worker is an independent contractor of employee. The federal rule, first proposed in October 2022 and published in the Federal Register January 10, will reverse a rule made late in former President, Donald Trump’s term.

The 2021 shift by the former President’s administration altered worker classifications to focus on two factors: the nature and degree of control over work, and opportunity for profits or loss. Under the new framework-a return to the standard before the 2021 alteration-six nonexhaustive factors will determine a worker’s employment status.

The Six Major Factors When Determining Employment Status:

• Worker’s opportunity for profit or loss
• Investments made by the worker and the employer
• Degree of permanence of the work relationship
• Nature and degree of control over performance of the work
• Extent to which the work performed is an integral part of the employer’s business
• Use of the worker’s skill and initiative

There are Mixed Reviews

Construction employer groups balked at the change-calling the final rule’s standard “ambiguous and difficult to interpret”. (Associated Builders and Contractors).

Labor groups, on the other hand, applauded the update.

“Simply put, this rule will ensure the basic rights of all workers, consistent with the Fair Labor Standards Act.” (United Association of Union Plumbers and Pipefitters.)

Acting Secretary of Labor Julie Su said the final rule would ensure a level playing field for workers, particularly vulnerable workers who are misclassified and lose out on minimum wage, overtime pay, and other protections under the FLSA. Worker misclassification is prevalent in the construction industry: an estimated 1.1 million to 2.1 million workers are misclassified or paid off the books. (Century Foundation)

Final Thoughts

Employers, and especially employers who utilize the work of specialty and independent contractors, should conduct thorough audits of the employees and their current classification. Failing to comply with federal and state labor laws often leads to costly consequences such as legal penalties, back pay claims, and damages. Additionally, proper employee classification contributes to a fair and equitable workplace, building trust between employers and their workforce.

Employers would benefit from consulting with a lawyer will versed in employment law to assist in their audit of worker classifications. The attorneys at Wagner, Falconer & Judd stay up-to-date on the various laws that impact the classification of employees by state. Learn more about our services and get started today-that way you’ll be ready for the next employment law updates!

Employers know that staying up-to-date with the latest changes in employment law is crucial to the success of your business. These updates can affect everything from how you hire and manage employees-to how you handle disputes and protect your business from legal action. That’s where the Employment Law team at Wagner, Falconer & Judd comes in! We rounded up some of the most impactful new laws across the United States that are taking effect soon.

California

California Governor Gavin Newsom signed off on a number of new laws that impact employers across various industries.

• Set healthcare industry minimum wage requirements for nearly all healthcare workers, whether they are hourly or salaried employees, or independent contractors. The law also provides these workers with an independent private right of action to enforce these minimum wage requirements.
• Codified legal precedent banning certain non-compete and non-solicitation agreements and requires that employers notify current and former employees in writing by February 14th, 2024 that any prior non-compete agreements contravening the law are void.
• Update to California Fair Employment and House Act allowing eligible employees to take up to five days of reproductive loss leave following failed adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction.
• New law requires employers to pay food handler employees for the costs associated with obtaining a food handler card required by the California Health and Safety Code. The new law also makes employers responsible for the time required for the employee complete the training, the cost of testing, and any element required for the completion of the certification program.
• California Consumer Privacy Act (CCPA) definition of “sensitive personal information” is revised to include personal information that reveals a consumer’s citizenship or immigration status.
• SB 700 expanded California’s Fair Employment and Housing Act to protect applicants from discrimination based on prior cannabis use, with certain exceptions
• Expanded California’s existing paid sick leave law (the Healthy Workplaces, Healthy Families Act of 2014) increasing employee’s entitlement to annual paid sick leave
• Raised minimum wage for restaurant workers at national fast food chains to $20/hour

Colorado

• The Boulder County Board of Commissioners adopted a minimum wage ordinance, effective January 1, 2024
• SB 23-105 which expands notifications requirements in Colorado’s Equal Pay for Equal Work Act
• Enacted the Job Application Fairness Act (JAFA), effective July 1, 2024, which prohibits employers from requesting or requiring that job applicants provide information relate to “age, date of birth, or dates of attendance at or graduation from an educational institution” on initial employment applications.

Connecticut

• Minimum wage will increase to $15.69 on January 1, 2024 under its first-time economic indicator adjustment and will adjust annually
• PA 23-35 “An Act Expanding Worker’s Compensation Coverage for Post-Traumatic Stress Injuries for All Employees”, which expands the definition of employee to allow nearly all workers (not just first responders) who suffer certain tragic qualifying events to claim workers’ compensation benefits, effective January 1, 2024

Hawaii

SB 1057, effective January 1, 2024 will:

• require most employers with 50 or more employees to disclose a position’s hourly rate or salary range in certain job postings
• amend existing equal pay requirements by prohibiting an employer from paying employees in any protected category of the state’s employment discrimination statute less than it pays other employees

Illinois

Governor J.B. Pritzker joined other states in signing legislation to expand leave protections to employees, and provided guidance on a number of matters impacting employers and employees.

• Chicago City Council passed a new paid leave ordinance requiring all Chicago employers to provide employees with 10 paid leave days. Adding complications for employers, the varying types of leave will have different rules for initial eligibility, minimum usage, rollover and payout upon termination.
• New law, Child Extended Bereavement Leave Act (also known as Zachary’s Parent Protection Act) requires employers with at least 50 employees to provide between 6 and 12 weeks unpaid leave (depending on the employer size) for employees who have lost a child due to suicide or homicide
• Evanston, IL adopted a Fair Workweek Ordinance, expanding hourly workers’ rights to predictable scheduling across multiple industries
• The Illinois Department of Labor (IDOL) published Paid Leave for All Workers Act FAQ, which provides guidance on the state’s Paid Leave for All Workers Act, effective January 1, 2024
• Illinois will require private employers to provide a minimum of 40 hours of annual paid leave to employees to be used for any reason. Employers have options on how to distribute that leave time, but may not require any documentation on the need for leave.

Maryland

• Maryland Governor Wes Moore approved the Maryland General Assembly’s modifications to the Maryland Time to Care Act of 2022 which will add a critical provision, mandating employee and employer contribution rates at 50/50 to the sweeping paid family and medical leave program.
• Moore also signed the Fair Wage Act of 2023, which mandates a uniform $15 hourly minimum wage for all employers effective January 1, 2024.

Minnesota

Minnesota was another state with sweeping changes to the legal landscape of the state in 2023, legalizing recreational marijuana and expanding expanding employee protections.

• MN Department of Labor and Industry has issued guidance on the state’s paid earned sick and safe time (ESST) law, which takes effect January 1, 2024. The agency has also published a sample employee notice employers may use to satisfy their ESST notice obligations
• City of Bloomington amended its paid sick leave law to more closely align it with the statewide paid sick leave mandate. Among other things, the amendment (effective January 1, 2024):
  • expands the definition of “family member”
  • modifies the allowable reasons for leave
  • allows frontloading with no waiting period
  • allows reasonable documentation to justify the reasons for leave
• MN DOL announced that minimum wage rates will be adjusted for inflation and increase 2.5% on January 1, 2024
• Governor Walz also signed a far-reaching omnibus jobs and economic development and labor funding bill that:
  • provides for investing $500 million in a fund matching federal investments in infrastructure and large development projects
  • bans employment non-compete agreements signed after July 1, 2023
  • mandates certain worker safety protections
  • creates new paid sick leave entitlements
  • provides employees with additional pregnancy and nursing accommodations
  • prohibits employers from mandating attendance at employer-sponsored meetings about religious or political matters
  • adds protections for employees who disclose their own wages or voluntarily discuss their wages with other employees
• Bloomington published initial rules implementing its Earned Sick and Safe Leave (ESSL) Ordinance, which took effect on July 1, 2023. It also published the mandatory Notice of Employee Rights in English ( posters in other languages will also be available.)

Nevada

• Nevada passed SB 290, which requires earned wage access providers to obtain a license from the state government and regulates the providers. The law governs entities that provide consumers with an advance of income they have earned or accrued but have not been paid yet.
• Nevada OSHA announced increased penalties that took effect on January 17, 2023 and on March 24, 2023, released an updated list of establishments it is targeting for programmed inspections.

New Jersey

The New Jersey DOL launched the Workplace Accountability in Labor List (the WALL), a publicly available list of businesses with outstanding liabilities for violations of state wage, benefit, and tax laws enforced by the agency. Businesses on the list are prohibited from public contracting.

New York

New York’s Paid Family Leave Program will be updated for 2024 so that employee’s maximum:

• • weekly benefit is $1,151.16
  • annual contribution is $333.25
• Additionally, the list of family members for whom eligible workers can take Paid Family Leave to care for was expanded in 2023 to include biological, adopted, step-, and half-siblings, including those living outside of NY and outside the U.S.

• A5295, with some exceptions, renders unenforceable agreements that assign an employee’s rights in an invention to their employer even where the employee develops the invention entirely on their own time without using the employer’s property.
• S5572 increases the salary threshold for certain wage payment exceptions, such as pay frequency requirements. Effective March 2024.
• S2518A prohibits employers from requesting or requiring an employee or applicant to disclose access information for a personal social media account or performing other related acts.
• S4878A requires employers to provide employees written notice of their right to file for unemployment benefits when they are let go or experience a reduction in hours or other interruption of employment.

Ohio

Joining 23 other states, Ohio has passed a recreational marijuana law legalizing and regulating the cultivation, sale, purchase, possession, use and home growth of recreational marijuana. The new law does not require an employer to “accommodate an employee’s use, possession, or distribution of adult use cannabis”.

The City of Columbus joins Toledo and Cincinnati as the latest Ohio city to prohibit employers from asking prospective employees about past compensation. Effective March 1, 2024, employers operating in Columbus may not ask about a prospective employee’s wage or salary history. The new ordinance makes it an “unlawful discriminatory practice” for an employer to: ask about an applicant’s salary history, which includes current or prior wages, benefits or other compensation.

Rhode Island

Rhode Island Governor Daniel McKee signed a bill that increase the penalties for employers that knowingly and willfully violate the wage and hour laws, and specified additional penalties for employers in the construction industry.

Washington

• The Department of Labor and Industries announcement of increases to state and local minimum wage and exempt salary thresholds for 2024. The increases are effective January 1, 2024.
• SB 5586 allows employees, an employer, and third parties acting on behalf of the employee or employer to request access to records related to paid family or medical leave claims.
• SB 5123 prohibits employers from making hiring decisions based on off-duty cannabis use or a positive pre-employment drug test result detecting psychoactive cannabis metabolites. Takes effect January 1, 2024
• SB 5111 amends the minimum wage law and requires employers to pay out standalone unused paid sick and safe time to certain short-term or temporary construction workers.

Staying on top of local employment laws doesn’t have to be complicated! Work with the attorneys at Wagner, Falconer & Judd and make compliance a breeze.

Protecting your brand is crucial for long-term success. One powerful tool in your arsenal is a trademark. Let’s delve into the key aspects of trademarks that will help you navigate the process.

 1. What is a Trademark?

At its core, a trademark is a source identifier. Logos, slogans, business names, sounds, or designs can serve as trademarks. When attached to a product or service, these identifiers enable consumers to associate them with the company that produces them.

2. When Should I think of Getting a Trademark?

The attorneys at Wagner, Falconer & Judd suggest trademarking early in your business journey, especially when deciding on a business name. Early consideration not only enhances your chances of protecting your brand but also minimizes the risk of infringing on someone else’s trademark rights.

3. How Long Does it Take to Get a Trademark?

The timeline for obtaining a trademark varies, influenced by the workload at the United States Trademark and Patent Office (USPTO). Currently, the USPTO estimates a timeline of 14-15 months from the application date to registration.

4. When Can I use the ® or TM symbols?

Us the TM symbol freely with any source identifier at any tie, and it may even assist your trademark application. The ® symbol is reserved for federally registered trademarks with the USPTO.

5. What are the Benefits of Registering a Trademark with the USPTO?

A registered trademark facilitates easier enforcement of your rights, protecting against scammers using similar domain names and offering advantages when working with online retailers like Amazon.

6. State Trademark vs. Federal Trademark

While a state trademark offers protection within a specific state, a federal trademark provides national coverage and generally stronger protections under federal law.

7. Where Do I Start?

Begin with a clearance search, exploring relevant federal and state databases to determine the availability of your desired trademark. Professional assistance, such as consulting with Wagner, Falconer & Judd, can streamline this process.

8. Do I have to Register a Trademark to Use it in Commerce?

No, registration is not mandatory before using a trademark in commerce. However, it’s advisable to register to strengthen your brand’s protection against infringement.

9. Do I Have to Offer the Product/Service Before Applying for the Trademark?

No-you can file on an Intent-to-Use basis. This allows you to reserve a trademark for six months after receiving a Notice of Allowance, with the option for up to five additional 6-month extensions.

10. Once Registered, What Does it Protect and for How Long?

A registered trademark protects the products in the listed classes of goods and services. After the initial registration, renewals are required every 10 years, with an additional filing after the first 5 years.

By taking proactive steps you can navigate the trademark landscape with confidence-and the attorneys at Wagner, Falconer & Judd are always standing by to support you on your journey. Reach out to one of our Intellectual Property attorneys today to learn more.