Perspectives

Updating your employee handbook to reflect Minnesota’s Pregnancy and Parental Leave requirements isn’t just a compliance task-it’s an opportunity to create clarity, consistency, and trust within your workforce.

If your policies are outdated, unclear, or incomplete, you may be exposing your business to unnecessary risk. Here’s what employers need to understand-and implement-when rolling out or revising these policies.

Understand What the Law Covers

Minnesota’s Pregnancy and Parental Leave protections are designed to support employees during some of life’s most significant transitions.

Your policy should clearly state that leave may be used for:

• Birth of a child
• Adoption of a child
• Bonding time for both birthing and non-birthing parents
• Prenatal care appointments
• Pregnancy-related incapacity or recovery

This clarity ensures employees understand their legal rights and helps prevent miscommunication or inconsistent application.

Clearly Define Leave Entitlements

Eligible Minnesota employees are entitled to:

• Up to 12 weeks of unpaid leave

This leave applies to both:

• Parenting /Bonding Time
• Pregnancy-related medical needs

Be explicit in your handbook about eligibility requirements and that this leave is unpaid unless supplemented by other benefits. 

Outline Timing and Use of Leave

One of the most common areas of confusions is when and how leave can be used.

Your policy should clarify:

• Leave can begin at any time within 12 months of birth or adoption
• If a newborn remains hospitalized, leave may begin within 112 months after the child leaves the hospital
• Leave is generally taken in consecutive blocks

However, include exceptions:

• Intermittent or reduced scheduled leave may be allowed for:
  • Reasonable accommodations
  • Coordination with Minnesota Paid Leave

This is where alignment with your ADA policy becomes critical.

Address Coordination with Other Leave Types

Employers should clearly explain how this leave interacts with other benefits.

Key Coordination Points:

• Minnesota Paid Leave (when applicable)
• Short-term disability benefits
• FMLA (if your organization is covered)

Your policy should state that leave may run concurrently when the reason qualifies under multiple laws or programs.

This avoids stacking leave unintentionally and ensures compliance.

Clarify Use of PTO and ESST

Minnesota law places limits on how employers handle accrued time.

Important considerations:

• You cannot require employees to use ESST or PTO
• You may allow (or require, depending on policy structure) use of vacation or PTO concurrently
• Clearly state whether accrued time will be applied during leave

Transparency here prevents disputes and ensures consistent administration.

Explain Benefits Continuation

Employees need to know what happens to their benefits while they are out.

Your handbook should clearly state:

• Employees may continue health, dental, and life insurance (if enrolled)
• Employees are responsible for their portion of premiums during unpaid leave
• Benefits accrued prior to leave are retained
• Benefits like PTO do not accrue during unpaid portions of leave

Providing a clear process for premium payments is also essential.

Reinforce Job Protection & Non-Retaliation

This is a critical legal protection-and one that should be clearly emphasized.

Your policy should confirm:

• Employees will be reinstated to the same or a comparable position upon return
• The company prohibits retaliation for requesting or taking leave

At the same time, include practical realities:

• Employees may still be impacted by company-wide decisions (e.g., layoffs or reduction in force)

This balances compliance with operational transparency.

Set Expectations for Return to Work

Your policy should address what happens at the end of leave:

• Employees are expected to return to work upon conclusion of approved leave
• Failure to return may be treated as voluntary resignation

Clear expectations help avoid ambiguity and protect both the employer and employee.

Avoid a “One-Size-Fits-All” Approach

Even the most well-drafted template requires customization.

Employers should evaluate:

• Whether they are covered by FMLA
• How Minnesota Paid Leave integrates with their policies
• Existing PTO, ESST, and disability practices
• Industry specific or workforce-specific considerations

A generic policy that isn’t tailored to your organization can create more risk-not less. 

Final Takeaway: Clarity is Compliance

The goal of your handbook isn’t just to meet legal requirements-it’s to provide clear, consistent guidance that mangers and employees can rely on.

A well-implemented Pregnancy and Parental Leave policy should:

• Reduce confusion
• Support employees during critical life events
• Protect your organization from compliance missteps

How WFJ Can Help

At Wagner, Falconer & Judd, we work with employers to go beyond templates-helping you build policies that are not only compliant, but practical and aligned with your business.

Whether you’re:

• Updating your employee handbook
• Integrating Minnesota Paid Leave
• Training managers on proper implementation

Our team can help ensure you policies in real life, not just on paper.

In construction equipment industry, deals move quickly-but when payments don’t, the consequences can be significant. Whether you’re financing equipment, extending payment terms, or leasing inventory, protecting your interest is critical.

One of the most effective (and often underutilized) tools available to heavy equipment dealers is the Uniform Commercial Code (UCC) filing.

Here’s what you need to know-and how to use it to your advantage.

What is a UCC Filing?

A UCC filing (commonly a UCC-1 Financing Statement) is a legal notice filed with the state that establishes our security interest in a debtor’s personal property.

In simpler terms: it tells the world, “We have a legal claim to this equipment until it’s paid for.”

For heavy equipment dealers, this often applies to:

• Excavators, loaders, cranes, and other machinery
• Inventory sold on credit
• Equipment financed through dealer-arranged terms

Why UCC Filings Matter for Equipment Dealers

Without a UCC filing, you may be treated as an unsecured creditor if a customer defaults or files for bankruptcy.

With a properly filed UCC:

• You establish priority rights over other creditors
• You improve your ability to recover or repossess equipment
• You gain leverage in collections and negotiations
• You reduce overall financial exposure

In high-value equipment transactions, that protection can make the difference between recovery and loss.

How the UCC Filing Process Works

While the process is straightforward, precision matters.

Create a Security Agreement

Before filing, you must have a signed agreement granting you a security interest in the equipment.

This agreement should clearly identify:

• The debtor (customer)
• The secured party (your business)
• The collateral (equipment)

Prepare the UCC-1 Financing Statement

This document is filed with the Secretary of State (typically where the debtor is located).

It includes:

• Legal name of the debtor (accuracy is critical)
• Secured party information
• Description of the collateral

File with the Appropriate State

Most filings are completed online and processed quickly.

One filed, your interest becomes public record, putting other creditors on notice.

Maintain & Monitor the Filing

UCC filings typically last 5 years and must be renewed if the obligation remains outstanding.

Ongoing management is key:

• Amend filings if details change
• Continue filings for long-term financing
• Terminate filings once paid in full

Common Mistakes to Avoid

Even small errors can undermine your protection.

Watch for:

• Incorrect debtor names (a leading cause of invalid filings)
• Vague or incomplete collateral descriptions
• Filing in the wrong state
• Failing to renew before expiration
• Not tying the filing a valid security agreement

How UCC Filings Strengthen Your Business Strategy

For heavy equipment dealers, UCC filings are more than a legal formality-they’re a risk management tool.

When used strategically, they can:

• Support more flexible financing options for customers
• Protect margins on high-value equipment
• Strengthen your position in the event of default
• Create consistency across your credit and collections process

How WFJ Can Help

UCC filings are powerful-but only when done correctly and consistently.

At Wagner, Falconer & Judd, we help heavy equipment dealers:

• Draft enforceable security agreements
• Ensure accurate and compliant UCC fiings
• Develop standardized credit and documentation processes
• Support collections, repossession, and enforcement if issues arise

We simplify the complex-so you can focus on running your business with confidence.

If your handbook hasn’t been updated in 2+ years…you’ll want to keep reading. 

Most businesses have an employee handbook.

But far fewer have a handbook that actually reflects current law, aligns with how their workplace operates today, and protects them when issues arise.

An outdated handbook doesn’t just sit on a shelf-it creates risk. And in employment law, small oversights can become expensive problems.

Let’s talk about the gaps we commonly see.

The “We Haven’t Touched It In Years” Problem

Employment laws change. Frequently.

Minimum wage requirements adjust.

Leave laws expand.

Remote work raises new compliance questions.

Harassment standards evolve.

If your handbook was reviewed more than two years ago, there’s a strong change it no longer reflects current legal requirements or best practices.

And when policies conflict with the law-or with how your company actually operates-that inconsistency can be used against you.

The Copy-and-Paste Handbook

Templates can be helpful starting points. But many businesses rely on generic, one-size-fits-all policies that don’t account for:

• State specific employment laws
• Industry-specific risks
• Multi-state workforce compliance
• Remote or hybrid teams
• Unique compensation structures

A handbook should reflect your business-not just employment law in general.

Policies that Sound Good-But Create Risk

We often see policies that unintentionally create legal exposure, including:

• Overly broad “at-will” disclaimers that contradict other language
• PTO policies that don’t align with state payout requirements
• Discipline policies missing updated reporting procedures
• Harassment policies missing updated reporting procedures
• Social media or technology policies that conflict with employee rights

Even well-intentioned language can create confusion if it’s unclear, inconsistent, or outdated.

The Disconnect Between Policy and Practice

One of the biggest compliance risks isn’t what’s written-it’s what’s practiced.

If your handbook says one thing but managers routinely do another, that inconsistently can undermine your defense is an employment dispute.

Your handbook should:

• Reflect how your business actually operates
• Provide clear manager guidance
• Align with training and onboarding processes
• Be consistently applied

A handbook is not just a document. It’s a framework for workplace expectations.

Why Regular Updates Matter

An updated handbook helps businesses:

• Reduce risk of wage and hour claims
• Strengthen defenses in wrongful termination disputes
• Clarify expectations around leave and accommodations
• Support consistent performance management
• Improve internal culture and communication

Proactive compliance is almost always more cost-effective than reactive litigation.

Signs It’s Time for a Handbook Review

You should consider a review if:

• It’s been more than two years since the last update
• Your company has grown significantly
• You’ve added remote employees
• You operate in multiple states
• You’ve experienced a recent employment dispute
• Laws have recently changed in your state

If any of these apply, it’s worth taking a closer look.

How Wagner, Falconer & Judd Supports Employers

At WFJ, we work with businesses to review, revise, and draft employee handbooks that align with current law and real-world operations.

Our goal isn’t to create unnecessary complexity-it’s to create clarity. Clear policies. Clear expectations. Clear compliance. 

An employee handbook should protect your business, support your team, and evolve as your company grows.

If yours hasn’t been updated in 2+ years, it may be time for a review.

Managing employee performance is a normal and necessary part of running a business. However, many retaliation and discrimination claims arise not from the decision itself, but from how the decision was made, documented, and communicated. 

When performance management is handled consistently and professionally, organizations can address workplace issues while reducing potential legal exposure. Here are several practical steps managers can take when handling discipline or termination decisions.

Address Performance Concerns Early

Waiting too long to address performance issues can create problems later. When concerns are only documented at the moment discipline occurs, it may appear reactive or unfair.

Managers should address issues as they arise by providing clear feedback, documenting conversations, and setting expectations for improvement. Early communication helps demonstrate that disciplinary decisions are based on legitimate performance concerns rather than unrelated circumstances.

Focus on Job-Related Performance

Disciplinary decisions should always be tied to objective, job-related expectations. Managers should focus on measurable issues such as missed deadlines, attendance problems, policy violations, or failure to meet performance standards.

Avoid comments or documentation that reference personal traits or characteristics unrelated to the job.

Document Facts, Not Opinions

Clear documentation is one of the most effective ways to protect both the organization and the employee.

Strong documentation should include:

• Specific dates and incidents
• The policy or expectation involved
• Prior coaching or warnings
• The employee’s response when appropriate

Objective documentation helps demonstrate that decisions were based on performance rather than personal bias.

Apply Policies Consistently

Consistently is critical when enforcing workplace policies. Employees performing similar roles should generally be held to the same standards.

When disciplinary process differ from past practice, organizations may face questions about fairness or unequal treatment. If a situation requires a different approach, managers should consult HR and document the reason.

Be Careful After Protected Activity

Retaliation claims often arise when discipline occurs shortly after an employee engages in a protected activity, such as reporting discrimination, participating in an investigation, or requesting certain workplace accommodations.

If discipline becomes necessary in these situations, it is especially important to ensure that the performance concerns are well documented and clearly unrelated to the protected activity.

Involve HR in Major Decisions

Before issuing significant discipline or moving forward with termination, managers should consult with HR or legal counsel. A second review can help ensure policies are followed, documentation is sufficient, and potential risks are considered.

A Consistent Approach Protects Everyone

Performance management works best when it is clear, consistent, and well documented. Addressing concerns early, applying policies fairly, and focusing on objective performance expectations can help organizations resolve workplace issues while reducing the risk of retaliation or discrimination claims.

When handled thoughtfully, performance management not only supports legal compliance-it also helps create a more transparent and accountable workplace.

The employment law team at Wagner, Falconer & Judd regularly works with business to review policies, support disciplinary decisions, and provide guidance on complex employment matters. Proactive legal guidance can help organizations address workplace challenges with confidence. 

Missed deadlines are one of the most common-and costly-reasons lien and bond claims fail. Many businesses assume their enforcement window is tied to the last day they worked on a project. While that’s often true, it’s far from universal. In many situations, your deadline can start earlier (or be triggered by a different event entirely), putting otherwise valid claims at risk.

Below is a practical breakdown of how deadlines are triggered, where the pitfalls are, and how to protect your payment rights before time runs out.

The General Rule: “Last Date of Substantial Performance”

As a baseline, claim enforcement deadlines are commonly tied to your last date of substantial performance on the project. Substantial performance means the last day you provided labor or equipment that materially contributed to the improvement under your contract or an approved change order.

What doesn’t count as your “last date”:

• Punch list work
• Warranty work
• Minor or de minimis contributions

Relying on these types of activities to extend your deadline is a risky move-and one we see backfire frequently.

The Exceptions That Catch Companies Off Guard

The general rule has many exceptions, and they vary state by state and by project type. In some jurisdictions, your deadline may be triggered by events that have little to do with your final day on site. Common triggers include:

• Project substantial completion or beneficial use
• Project acceptance by the owner
• Cessation or suppression of work
• Contract termination (at any tier)
• Change orders (including gaps in performance or unapproved change orders)
• Bankruptcy (at any tier of the project)
• The date claim notice is provided
• The last date anyone furnished labor or materials (in certain states)

The takeaway: your clock may start earlier than you think-and it may start based on someone else’s actions, not yours.

Practice Tips: How to Protect Your Deadlines in the Real World

A few habits can dramatically reduce deadline risk:

• Use contract-tier changes conservatively. When the GC or ownership changes, treat that transition as a potential deadline trigger.
• Be cautious with unapproved change orders. Unapproved work may not extend your enforcement window.
• Track objective project milestones. Reliable sources include:
  • Public records
  • Written notice from the owner or GC
  • Confirmation that project funds have been paid in full to the GC

These data points often determine when courts say your clock actually started.

Case Snapshots: How Timing Errors Happen

Change Orders & Project Acceptance

In one matter, a claim was timed based on a series of change orders-two of which were not approved. The project was accepted by the public owner earlier than the company realized, shortening the window to file suit. The result: a missed enforced deadline.

General Contractor Termination

In another case, the original GC was terminated and a completing contractor took over. This created two separate claim paths with different notice and suit requirements. Because suit wasn’t timely filed under the original bond-and new notices weren’t properly served under the completing GC’s bond-the claims were denied.

Lesson: Changes in the contract chain can reset deadlines and create new procedural requirements.

State-By-State Reality Check

Not all states tie suit deadlines to your last date of work. For example:

• Lien deadlines not triggered by your last date in: CA, CO, HI, TN, VA
• Bond suit deadlines are not triggered by your last date in: AL, AK, AR, CO, DE, GA, IN, IA, KS, KY, LA, MD, MI, NE, NM, NY, NJ, NC, ND, OH, RI, SD, TN, TX, VA, WI, WY
• Canada: British Columbia, Ontario, Quebec

State specific rules can flip the script on timing. Always confirm the trigger before relying on your internal project close-out date.

Bottom Line

Lien and bond rights are deadline-driven. Substantial completion may start the clock-but it’s not often not the only trigger, and sometimes it’s not the trigger at all. Project acceptance, contract terminations, and changes in the contract chain can move deadlines up and quietly eliminate enforcement rights.

Pro tip: If payment issues appear likely, involve counsel early. A short timing review at the first sign of trouble is far cheaper than trying to fix a missed deadline after the fact.

Need help protecting your lien and bond rights?

Wagner, Falconer & Judd with contractors, suppliers, and business teams nationwide to track deadlines, preserve claims, and enforce payment rights before leverage is lost.

Minnesota employers should take note of updated minimum wage rates that took effect in 2026. These annual adjustments are tied to inflation and carry important compliance obligations for businesses operating throughout the state-with separate requirements for Minneapolis and St. Paul.

Statewide Minnesota Minimum Wage (Excluding Minneapolis and St. Paul)

As of January 1, 2026, Minnesota’s minimum wage increased:

• Standard minimum wage: from $11.13/hour to $11.41/hour
• 90-day training wage (employees under age 20): from $8.85/hour to $9.31/hour

These rates apply to all hours worked, regardless of whether an employee is full-time or part-time and regardless of how they are paid (hourly, salary, commission, etc.)

Importantly, Minnesota does not allow a tip credit. Employers may not count tips toward meeting minimum wage obligations. Employees who receive tips must be paid at least the full minimum wage, in addition to any tips earned.

Minneapolis Minimum Wage

Employers with employees working in Minneapolis are subject to higher local minimum wage requirements. As of January 1, 2026, the Minneapolis minimum wage increased:

• From $15.97/hour to $16.37/hour

This rate applies to all employees working in Minneapolis, regardless of employer size.

St. Paul Minimum Wage (Varies by Employer Size)

St. Paul continues to phase in minimum wage increases based on employer size:

• Employers with 5 or Fewer Employees:
  • Increases from $13.25/hour to $14.25/hour on July 1, 2026
• Employers with 6-100 Employees:
  • Increases from $15.00/hour to $16.37/hour on July 1, 2026
• Employers with 101+ Employees:
  • Increased from $15.97/hour to $16.37/hour on January 1, 2026

Employers with operations in multiple locations should confirm which wage requirements apply to each employee based on where the work is performed.

Employer Compliance Requirements

In addition to updating payroll rates, employers must also meet notice and posting obligations:

• Update minimum wage posters to reflect the new rates
  • Posters must be displayed in conspicuous location accessible to employees
• Provide written notice to employees of any change to their rate of pay before the change takes effect

Failing to update pay rates, notices, or postings can expose employers to wage claims, penalties, and compliance issues.

How WFJ’s Compliance Center Can Help

Wage and hour compliance continues to be a common source of employer risk-particularly for businesses operating across multiple cities with different wage laws. WFJ’s Compliance Center helps employers stay ahead of changing requirements through proactive guidance, compliance audits, policy support, and ongoing education. 

If you have questions about how these 2026 minimum wage updates impact your business-or would like help reviewing your wage practices, postings, or employee communications-our team is here to help you stay compliant and avoid costly missteps.

AI is changing the way music is created, distributed, and consumed-and not always in ways that benefit artists. If you’ve spent any time on streaming platforms lately, you may have come across an artist who seemed to appear overnight: polished tracks, impressive streaming numbers, and a rapidly growing fanbase. Recent controversy around bands like The Velvet Sundown has raised an important question for musicians and creators:

If AI can create music-even “artists”-what protections exist to stop someone from using your voice, likeness, or identity without permission?

Tennessee has taken a major step toward answering that question.

The ELVIS Act: A First-of-Its-Kind Law in the U.S. 

The ELVIS Act (Ensuring Likeness Voice and Image Security Act)- the first legislation in the United States specifically designed to protect musicians and other individuals from the unauthorized use of their voices through AI, deepfakes, and voice-cloning technology.

The ELVIS Act expands Tennessee’s existing Name, Image, and Likeness (NIL) protections and introduces several important updates, including:

• Expanded definition of “voice”.
  • “Voice” is now defined as a sound in a medium that is readily identifiable and attributable to a particular individual-whether it is the actual voice or a simulated version of that voice. 
• Property rights over identity.
  • Every individual has a property right in the use of their name, photograph, voice, and likeness in any medium or manner.
• Civil liability for unauthorized commercial use. 
  • Anyone who knowingly uses or infringes on an individual’s name, photograph, voice, or likeness for advertising, merchandise, fundraising, or other commercial purpose is to produce an individual’s photograph, voice, or likeness without authorization.
• AI-specific liability.
  • The law creates civil liability for distributing or transmitting content to an algorithm, software tool, or technology service when the primary purpose is to produce an individual’s photraph, voice, or likeness without authorization.
• Lowered knowledge threshold for liability.
  • The standard has shifted from “had knowledge” to “knew or reasonably should have known” that the use was unauthorized-making it easier for creators to hold bad actors accountable.

Why This Matters for Musicians and Creators 

The ELVIS Act closes a growing legal gap by formally extending name, image, and likeness protections to include voice-both real and simulated. This is critical as AI tools become more sophisticated and more accessible.

For musicians, this law:

• Protects against unauthorized voice cloning
• Limits the commercial use of AI-generated versions of your voice
• Creates legal consequences for businesses and platforms that misuse identity-based AI tools
• Expands accountability for those who “should have known” their use was unauthorized

In short, Tennessee has created meaningful guardrails that protect creative identity in the age of AI.

A National Signal from a Major Music State

Tennessee’s leaders on this issue matters. The state supports more than 61,000 industry jobs and contributes $5.8 billion to the state’s economy through music and creative industries. The ELVIS Act sets a precedent that other states are likely to follow as AI-generated content continues to reshape entertainment, marketing, and media.

As AI expands into nearly every area of business and creative work, artists should stay informed about legislative changes-especially how emerging technology may impact their voices, likenesses, and revenue streams. Understanding your rights is the first step to protecting your work.

How WFJ Can Help

WFJ regularly advises business owners and creatives navigating contracts, licensing, and intellectual property rights. As laws around AI evolve, our team can help you:

• Understand how new legislation applies to your creative work
• Protect you voice, image, likeness, and ideas
• Enforce your rights when unauthorized use occurs
• Structure contracts to account for AI-related risks

If you’re concerned about how AI may affect your work, your brand, or your income, WFJ can help you navigate this rapidly changing legal landscape with clarity and confidence.

About the Author
Paige Kochanski is an attorney in WFJ’s Entertainment Law group. Her practice focuses on music, film, and creative content matters. She regularly assists clients with contracts related to music, songwriting, publishing, copyright, and licensing, and is passionate about helping businesses and creatives protect their work and their rights.