Minnesota employers face another compliance deadline in 2026. The Minnesota Secure Choice Retirement Program (“Secure Choice”) is now open for employer registration, and covered employers must either register for the program or certify their exemption.

Secure Choice is a state-established automatic payroll deduction IRA program intended to expand access to retirement savings for employees who do not have access to a workplace retirement plan.

The program does not require employer matching contributions or charge employer fees, although employers may still incur internal payroll-related administrative costs. Employers are also not responsible for managing employee investments.

Employers are, however, responsible for:

• Registering for the program
• Enrolling eligible employees
• Making the required payroll deductions
• Remitting employee contributions
• Maintaining required employee and payroll information

Which Employers are Covered?

Employers with at least five employees must participate in Secure Choice if they do not currently offer, and have not offered within the prior 12 months, a qualified retirement savings plan. Employers that already offer a qualified retirement savings plan must certify their exemption through the Secure Choice portal.

Certain employees are excluded from the program, including:

• Government Employees
• Employees who were under age 18 on December 31 of the prior calendar year
• Certain temporary or seasonal employees hired for a limited period that will not extend beyond 180 days

Employer Registration Deadlines

Secure Choice uses a phased registration schedule based on employer size. Registration is now open, and employers must meet deadline assigned to their organization.

Employers should receive a notification from Minnesota Secure Choice when it is time for their business to register. The current registration schedule is:

• Soft launch and voluntary enrollment for any size covered employer: March 30, 2026
• 100 or more covered employees: June 30, 2026
• 50 to 99 covered employees: December 31, 2026
• 25 to 49 covered employees: June 30, 2027
• 10 to 24 covered employees: December 31, 2027
• 5 to 9 covered employees: June 30, 2028
• Employers with four or fewer employees: Exempt

Employers with 100 or more covered employees should act promptly if they have not yet registered or certified an exemption. Employers with later deadlines should also begin preparing, particularly if they need to coordinate with payroll providers.

How Employee Contributions Work

Secure Choice is funded through employee payroll deductions. Employer contributions are not permitted. Employee contributions are generally made to a Roth IRA on an after-tax basis unless the employee elects to contribute to a traditional IRA on a pre-tax basis. Employees are always fully vested in their accounts.

Unless an employee chooses a different amount or elects not contribute, payroll deductions begin at 5% of pay after the employee’s applicable waiting period. The default rate then increases by one percentage point each year until reaches 8%. Employee participation is voluntary, and employees may elect not to contribute.

Subject to the program’s procedures, employees may:

• Elect not to contribute
• Change their contribution rate
• Stop their contributions

Penalties and Enforcement

Employers should take the program’s registration and payroll obligations seriously. State law allows penalties for employers that fail to enroll covered employees, begin required payroll deductions, or remit withheld contributions under the program. Penalties for failing to enroll covered employees or begin required payroll deductions do not begin immediately. After the applicable warning period, penalties can begin at $100 per covered employee and increase in laters.

Employers should also understand that state law treats withheld contributions differently. If an employer withholds money from employee paychecks but does not send those amounts to the program on time, the employer may be required to remit the withheld contributions plus interest.

A willful and intentional failure to remit withheld contributions after demand may also result in misdemeanor penalties.

What Employers Should Do Now

Employers should begin by answering three questions:

1. Is the organization covered by Secure Choice?
2. Does the organization currently offer a qualifying retirement savings plan?
3. What registration deadline applies based on the number of covered employees?

From there, employers should register or certify their exemption by the applicable deadline. Covered employers should also coordinate with their payroll providers, prepare for employee enrollment and payroll deductions, and decide who within the organization will be responsible for managing Secure Choice updates going forward.

Setting Up and Maintaining a Secure Choice Account

Employers must visit the Minnesota Secure Choice website to register or certify their exemption. To access the employer portal, the employer will need its EIN and the unique Access Code provided by Minnesota Secure Choice.

The process can be divided into three stages:

1. Register

An employer is ready to register once it receives its Access Code by mail or email.

During registration, employers should:

☐ Set up the employer account using the company’s EIN and unique Access Code. Employers will receive their Access Code from Minnesota Secure Choice when it is time to register.

☐ Enter a business email address as the username and create a password.

☐ Identify the payroll provider, if applicable, and share payroll schedules or upload the schedules manually.

☐ Add the company’s routing number, bank name, bank account number, and account type.

☐ Compile the required employee information. Employees must be at least 18 years old to be eligible for Minnesota Secure Choice. Employers and payroll providers can download the applicable CSV file from the Minnesota Secure Choice employer website to confirm what information will be required.

2. Send Contributions

Once employees have been added, Minnesota Secure Choice will communicate directly with them and explain their options. Employees will have 30 days to opt out or customize their accounts.

At the end of the 30-day period, the employer can begin payroll deductions and submit contribution information and funding for employees who choose to remain in the program.

Employers should:

☐ Create a new deduction in the payroll system.

☐ Create a contribution file or enter the required information directly into the employer portal.

☐ Enter the contribution through the employer portal.

3. Complete Ongoing Maintenance

Registration is only the beginning of the employer’s responsibilities. To keep the account current and remain in compliance, employers should:

☐ Remit payroll contributions for active employees every pay period.

☐ Update contribution rates as needed. Minnesota Secure Choice will notify the employer if an employee makes a change.

☐ Keep the employee list current by adding new employees and marking departed employees as terminated in the portal.

Preparing for Secure Choice

Secure Choice introduces a new compliance obligation for Minnesota employers in 2026 and beyond. Although the program is designed to minimize the administrative burden on employers, businesses must understand their responsibilities, coordinate the necessary payroll processes, and meet the deadlines that apply to them.

If you have questions about how Minnesota Secure Choice applies to your organization or need assistance preparing for compliance, please contact The Compliance Center.

Experienced credit professionals know that approving a customer and approving a transaction aren’t necessarily the same decision.

A contractor may have years of history with your dealership, a healthy credit line, and a solid payment record. But a new equipment transaction can introduce risks that aren’t visible on a traditional credit report.

The project may be in a different state. The customer may be working several tiers below the general contractor. The equipment may be going to a public project instead of private property. Or the transaction may carry lien or bond rights that are valuable today-but can disappear if a notice deadlines passes.

That’s why project intelligence belongs alongside customer credit analysis.

The goal isn’t simply to answer, “Will this customer pay?” it’s also to understand, “if they don’t, what leverage will we have?”.

Here are six questions to deliberate when extending credit for new jobs or equipment:

1. Where is the equipment actually going?

The project address does more than tell you where to deliver the equipment. It identifies the legal environment surrounding the transaction. Mechanic’s lien laws, public-project bond requirements, preliminary notices, filing deadlines, eligible claimants, waiver rules, and enforcement procedures can vary significantly by state. Even experienced multistate credit departments can create exposure when a familiar customer begins working in an unfamiliar jurisdiction.

The project location can also help the credit team verify information independently. With a correct and detailed project address, you may be able to confirm property ownership, identify recorded project documents, locate notices of commencement where applicable, determine the general contractor, and verify other information provided by the customer.

That makes the project address a starting point for due diligence, not simply another field in the credit file.

Why it Matters to the Credit Decision

Consider a customer with a $750,000 credit line that historically operates in three states. The customer takes on a major project in a fourth state and requests another $300,000 in availability. The customer’s financial profile may not have changed, but the dealer’s risk profile has.

Before approving the additional exposure, the credit team should understand whether the new jurisdiction provides meaningful lien or bond protection, whether notices are required, and whether those requirements can be realistically met.

What the Credit Team Should Capture

Don’t settle for a project nickname or city. Capture the following:

• Complete project name
• Physical project address
• County, where relevant
• State
• Project or contract number, if available
• Expected first furnishing/delivery date
• Expected duration of the dealer’s involvement

The last two points are especially important. Location tells you which rules may apply; furnishing dates often start or affect the clock.

2. Is This a Public or Private Project-and What Does that Mean for Our Recovery Strategy?

“Public or private?” shouldn’t simply be a checked box on a job-information form. It is an early determination of where the dealer may look for payment protection if the customer fails.

On qualifying private projects, mechanic’s lien rights may provide a potential claim connected to the improved real property. On public projects, government property generally cannot be encumbered in the same manner, making statutory payment payment bonds or other payment protections particularly important.

For federal construction projects, for example, the Miller Act establishes payment-bond protections for qualifying parties, while states have their own statutes governing state and local public projects. The requirements, and the parties protected, are not identical everywhere.

Why it Matters to the Credit Decision

Think about what this means from a recovery perspective. If you’re extending $400,000 on a private project, the credit team may be evaluating:

Customer credit + guaranty + potential lien rights + other security

On a public project, the analysis may instead be:

Customer credit + guaranty + payment bond + other security

That distinction can change the quality of the exposure.

Simply knowing that a project is “bonded” isn’t enough either. The credit team should understand which bond, issued by whom, for whose benefit, and whether the dealer’s position in the contracting chain potentially falls within the protection of the applicable statute or bond.

What the Credit Team Should Capture

For public work, obtain available information about:

• Public contracting entity
• Prime contractor
• Contract number
• Payment bond
• Surety
• Bond number
• Principal identified on the bond
• Contracting chain between the dealer and prime contractor

Ideally, this happens when the account is current.

Trying to locate a bond for the first time after a contractor has stopped communicating puts the credit department in a very different position.

3. Who Owns the Project-and Have We Verified It?

Ownership information can also reveal useful risk intelligence. Suppose the customer identifies “ABC Manufacturing” as the owner because that’s the name on the building. Further research shows that the property is actually owned by ABC Industrial Development LLC, while ABC Manufacturing is the tenant.

Now there are additional questions:

Was the work authorized by the owner? Who contracted for the improvement? What interest in the property is actually being improved? Are notices being directed to the correct parties? 

Those are much better questions to discover when the equipment is first supplied than when a lien deadline is approaching.

What the Credit Team Should Do

For meaningful exposure, verify rather than assume.

Depending on the jurisdiction and project, that may involve reviewing property records, project documents, notices of commencement, permits, contracts, or other reliable sources. The goal isn’t for the credit department to perform a legal title examination. It’s to recognize when the project information doesn’t line up-and escalate the issue while there is still time to investigate it.

4. Where Exactly Does Our Customer Sit in the Contracting Chain

This is one of the most important-and most frequently underestimated-pieces of construction credit intelligence. Knowing that your customer is “a contractor on the project” isn’t enough. You need to know who hired them.

Consider:

Owner -GC-Your Customer-Dealer

versus

Owner-GC-Subcontractor-Your Customer- Dealer

verus

Owner-GC-Subcontractor-Supplier-Your Customer-Dealer

versus

Owner-GC-Subcontractor-Supplier-Your Customer-Dealer

From a traditional customer-credit perspective, the exposure might look identical. From a lien or bond perspective, it may be very different.

Some statutes limit protection as parties become more remote from the owner or prime contractor. Supplier-to-supplier relationships can be particularly important to identify. On federal projects, for example, Miller Act protection does not extend indefinitely down the contracting chain.

Why It Matters Beyond Lien Rights

The contracting chain also tells the credit professional something about payment risk itself.

Money generally has to move through the parties above your customer before reaching your customer-and ultimately you. That means your customer’s payment performance can be affected by a dispute they aren’t even directly involved in.

A problem between the owner and GC can move downstream. So can a GC/subcontractor dispute, change-order disagreement, project delay, retainage issue, or insolvency elsewhere in the chain.

Your customer may still be financially healthy while the project’s payment chain is not.

What the Credit Team Should Capture

Identify:

Owner-Prime/GC-First Tier Subcontractor-Lower Tier Contractor-Customer-Dealer

Then ask one additional question:

Who is paying whom?

That simple question helps distinguish the contractual relationship from the physical jobsite relationship.

5. What exactly are we furnishing—and how much of the exposure may actually be protected?

This deserves more scrutiny for an equipment dealer than it might for a traditional building-material supplier.

A CAT dealer’s exposure on one project could include:

• Equipment purchases
• Rental equipment
• Replacement parts
• Repairs
• Field service
• Labor
• Attachments
• Consumables
• Transportation
• Freight
• Other charges

It can be tempting to look at a $600,000 project receivable and think:

“We have lien rights on this job.”

The more useful credit question is:

“How much of this $600,000 exposure potentially qualifies for lien or bond protection?”

Those aren’t necessarily the same number.

Whether equipment, rental charges, parts, services, or other costs qualify can depend on the applicable statute, how they were furnished, their connection to the improvement, and other project-specific facts. Construction-credit guidance likewise emphasizes that what is lienable—and how far down the contractual chain protection extends—varies by state.

Why it matters to the credit decision

This gives the credit manager a much better way to think about concentration.

Instead of:

Project exposure: $600,000

consider:

Total exposure: $600,000
Potentially protected exposure: $375,000
Potentially unsecured/uncertain exposure: $225,000

Those numbers are illustrative, but the exercise matters.

The credit team can now make a more informed decision about whether the remaining risk is acceptable—or whether it warrants a lower credit limit, additional guaranty, deposit, joint-check arrangement, UCC security interest, different payment terms, or another form of protection.

Lien rights should be viewed as one layer of the credit-risk structure, not as a substitute for underwriting.

6. What has to happen now to preserve options later?

This is where sophisticated construction credit departments distinguish themselves.

Traditional collections processes are usually delinquency driven:

Invoice-Due Date-Past Due-Collection Activity-Legal Escalation

Lien and bond rights don’t necessarily operate on that timeline. Rights-preservation requirements can be triggered by events such as first furnishing, last furnishing, project completion, recording of certain project documents, or other statutory events. That means the account could be completely current while an important legal deadline is running.

Preliminary notices are a good example. Depending on the jurisdiction and claimant’s position, a notice may be a prerequisite to later lien or bond rights, and notice requirements vary substantially among states.

Why it matters to the credit decision

The aging report answers:

“Who owes us money right now?”

A rights-management system should answer:

“Where do we have exposure today that requires action to preserve our options tomorrow?”

Those are fundamentally different reports.

A customer could have:

$0 past due

and simultaneously have:

$1.2 million in project exposure with a notice deadline approaching.

From a legal-risk perspective, the second number may deserve far more attention.

Build two clocks

For significant construction exposure, credit departments should consider tracking two parallel timelines:

The Credit Clock

Invoice-Due Date-Aging-Credit Hold-Collections-Legal

The Rights Clock

First furnishing-Preliminary Notice-Ongoing Project Monitoring-Last Furnishing-Lien/Bond Deadline-Enforcement Deadline

The two timelines eventually intersect-but they shouldn’t depend on one another.

If the rights clock doesn’t start until the credit clock shows trouble, the dealer may already have lost valuable leverage.

The Bigger Question: What Does the Project Do to the Risk?

The purpose of gathering project information isn’t to make the credit application longer. It’s to make the credit decision better.

For every meaningful construction exposure, the credit team should ultimately be able to answer four questions:

1. What is our total exposure?

2. Where does that exposure sit within the project’s payment chain?

3. What portion may be supported by lien, bond, UCC, guaranty, or other rights?

4. What must we do—and by what date—to preserve those protections?

That creates a much more complete view than customer creditworthiness alone.

Because when a construction account deteriorates, the most important question isn’t simply how much the customer owes.

It’s how much leverage you preserved before they stopped paying.

After a major life change, a woman named Sarah meets with an attorney at WFJ and updates her will. Her new estate plan clearly states that she wants her assets divided equally between her two adult children.

She leaves the meeting feeling like everything is taken care of.

But there’s a problem.

Years earlier, Sarah named on of her children as the sole beneficiary of a large life insurance policy. She also has a retirement account with an old beneficiary designation that was never updated. When Sarah dies, her family discovers an important estate planning lesson: changing your will doesn’t necessarily change where all of your assets go.

You Will Doesn’t Control Everything You Own

Some assets are generally distributed through your will and estate. Others may transfer according to a beneficiary designation, account agreement, ownership arrangement, or other mechanism.

Common examples of assets that may have beneficiary designations include:

• Life insurance policies
• 401(k)s and other retirement plans
• IRAs
• Annuities
• Health savings accounts
• Certain investment or financial accounts

That means a beautifully drafted, recently updated will can say one thing while a beneficiary designation says something completely different.

In Sarah’s case, simply writing “divide my estate equally between my children” in her will may not result in every asset being divided 50/50.

Primary vs. Contingent Beneficiaries

There’s another detail that can easily be overlooked.

A primary beneficiary is generally the first person or entity designated to receive an asset. A contingent beneficiary is typically next in line if the primary beneficiary cannot receive it.

What happens if you never name a contingent beneficiary? Or if both beneficiaries dies before you?

The answer may depend on the account, plan documents, financial institution, and applicable law. The asset may ultimately be payable to your estate or another default beneficiary-which may not be what you intended.

Estate Planning is Also Asset Planning

This is why creating an estate plan shouldn’t stop with signing a will.

A thorough review should also ask:

What do I own, how is it titled, and what actually happens to each asset when I die?

For someone like Sarah, that could mean reviewing her will alongside her retirement accounts, real estate ownership, and existing beneficiary designations. The goal isn’t simply to have the right documents. It’s to make sure the different pieces of your financial life work together to accomplish what you intended.

How WFJ Can Help

Wagner, Falconer & Judd can help clients look beyond the document itself and consider how their broader estate plan fits together. Whether you’re creating a plan for the first time or reviewing one you’ve had for years, an estate planning attorney can help identify questions you may not have realized you needed to ask.

Already have a will? Your next step may be making sure the rest of your estate tells the same story.

This article provides general education information and is not legal advice. Estate and probate laws vary by state and individual circumstances. 

When most people hear the words estate planning, their minds immediately go to money.

Who gets the house? Who inherits the savings? How are assets divided?

While those are certainly important questions, they are only part of the story.

At its core, estate planning is about protecting the people you care about and making important decisions before someone else has to make them for you. Whether you’re 25 or 75, married or single, a homeowner or just starting your career, having an estate plan can provide clarity and peace of mind for both you and your loved ones.

Estate Planning is More Than Just a Will

A will is often the foundation of an estate plan, but it isn’t the only document that matters.

Depending on your circumstances, a comprehensive estate plan may also include:

A Financial Power of Attorney, allowing someone you trust to manage your financial affairs if you become unable to do so.

A Healthcare Power of Attorney or Healthcare Directive, naming someone to make medical decisions on your behalf if you’re unable to communicate your wishes.

A Living Will or Advance Healthcare Directive, outlining the types of medical care you would or not want in certain situations.

Beneficiary designations on life insurance policies and retirement accounts, which should be reviewed regularly to ensure they reflect your current wishes.

Each document serves a different purpose, but together they help create a clear plan for your future.

Estate Planning Isn’t About Your Age-It’s About Your Life

One of the most common misconceptions is that estate planning is only for retirees or people with substantial wealth. In reality, every adult can benefit from having a plan.

You may want to consider creating or updating your estate planning documents if you’ve recently:

• Gotten married or divorced
• Had or adopted a child
• Purchased a home
• Started or sold a business
• Experienced a significant change in your finances
• Lost a loved one
• Retired or are preparing for retirement

Major life events often mean your existing documents no longer reflect your current wishes.

What Happens Without an Estate Plan?

If you pass away without a valid will, state law-not you-generally determines how your assets are distributed. While those laws are designed to provide a framework, they may not align with your personal wishes or family circumstances.

Without proper planning, your loved ones may face:

• Delays while your estate moves through the probate process
• Additional legal expenses and administrative costs
• Uncertainty about who should manage your affairs
• Difficult decisions during an already emotional time
• Potential disagreements among family members over what you would have wanted

Estate planning helps reduce those uncertainties by providing clear instructions and identifying the people you trust to carry out your wishes.

One of the Greatest Gifts You Can Leave Behind

The value of an estate plan isn’t measured by the size of your estate.

It’s measured by the clarity it provides.

By taking the time to put your wishes in writing, you’re helping your loved ones avoid unnecessary stress, confusion, and difficult decisions. You’re also ensuring that important healthcare and financial decisions can be made by the people you trust if you’re ever unable to make them yourself.

In many ways, estate planning is one of the most thoughtful gifts you can leave behind.

Make This the Month You Get Started

Make a Will Month is a great opportunity to review your current estate plan-or create one if you haven’t already.

If you’re a LegalShield member, preparing a will is one of the valuable benefits included with your membership. If it’s been several years since you reviewed your documents, or if you’ve experienced a major life change, now is a great time to revisit your plan.

Estate planning isn’t about preparing for the worst.

It’s about protecting the people you love, making your wishes known, and giving your family the confidence and clarity they’ll appreciate when it matters most.

Opening your mailbox or email to find a demand letter can be unsettling. Whether it’s from an attorney, a business or other individual, it’s natural to wonder: What does this mean? Am I being sued?

The good news is that receiving a demand letter doesn’t necessarily mean you’re heading to court. In many cases, it’s the first step toward resolving a dispute before litigation becomes necessary.

First, Don’t Panic

A demand letter is exactly what it sounds like-a formal request that asks you to take a specific action. It may demand payment, request that you stop certain conduct, ask you fulfill a contract, or propose another resolution to a disagreement.

While it should be taken seriously, a demand letter is not the same as a lawsuit. 

Don’t Ignore It

One of the biggest mistakes people make is assuming the issue will simply go away if they don’t respond. Ignoring a demand letter can limit your options escalate the dispute, or strengthen the other party’s position if the matter eventually ends up in court. Even if you believe the claims are inaccurate or exaggerated, it’s important to understand what is being alleged and what deadlines, if any, may apply.

Take Time to Gather Information

Before responding, collect any documents or information related to the issue, such as:

• Contracts or agreements
• Emails or text messages
• Invoices or receipts
• Photos or other evidence
• Notes about what happened and when

Having the full picture makes it much easier to evaluate your options.

Avoid Responding Emotionally

It’s understandable to feel frustrated or defensive, but firing off an angry email or making admissions before understanding your legal position can make matters worse.

Instead, take a step back and make sure you understand your rights and obligtations before responding.

Know Your Options

Not every demand letter requires the same response. Depending on the circumstances, your options may include:

• Responding with additional information or clarification
• Negotiating a resolution
• Challenging the claims being made
• Taking no action if appropriate under the circumstances
• Preparing for the possibility of further legal action

The right approach depends on the facts of your situation.

When Should You Contact an Attorney?

If the demand letter involves a significant amount of money, alleges legal wrongdoing, threatens litigation, or you’re simply unsure how to respond, it’s worth speaking with an attorney as soon as possible.

An attorney can review the letter, explain what it means, evaluating the claims being made, and help you determine the most effective response. In many situations, early legal guidance can help resolve a dispute before it becomes more costly and time-consuming.

The Bottom Line

Receiving a demand letter can feel intimidating, but it doesn’t automatically mean you’re being sued-or that you’ve run out of options. Take it seriously, gather your information, avoid reacting emotionally, and seek legal advice if you’re unsure of your next steps. Responding thoughtfully and proactively can often make all the difference.

Need help understanding a demand letter? The attorneys at Wagner, Falconer & Judd can review your situation, explain your options, and help you determine the best path forward before the dispute escalates.

Workforce reductions are never easy. They also come with significant legal obligations that continue to evolve.

Beginning July 18, 2026, Nebraska employers planning certain layoffs or business closures will need to comply with the state’s new Nebraska Worker Adjustment and Retraining Notification (Mini-WARN) Act. The law creates new notice requirements that emploeyrs should build into any reduction-in-force planning.

Here’s what employers should know.

Who Does the Law Apply To?

Nebraska’s Mini-WARN Act applies to employers with 100 or more employees, excluding certain part-time employees.

For purposes of the law, a part-time employee generally means someone who:

• Works an average of 19 hours or fewer per week, or
• Has been employed for fewer than six of the previous 12 months

When Is Notice Required?

Covered employers must provide 90 days’ advance written notice before certain:

• Business closings
• Mass layoffs

A business closing generally occurs when there is a permanent or temporary shutdown of a single employment site-or one or more facilities or operating units within that site-that results in an employment loss for 100 or more employees (excluding part-time employees).

A mass layoff generally occurs when a reduction in force, not resulting from a business closing, causes an employment loss at a single employment site during any 30-day period for 100 or more employees (excluding part-time employees).

The law also includes a 90-day aggregation rule. 

That means employees planning layoffs in stages should not assume each round can be evaluated separately. If employment losses over a 90-day period meet the legal definition of a business closing or mass layoff, notice requirements may still apply.

What Must Be Included in the Notice?

Employers must provide written notice to both affected employees and the Nebraska Department of Labor.

The notice must include:

• Employment site name and address
• Company contact information
• Whether the action is permanent or temporary
• Expected dates and schedule of employment losses
• Job titles and names of affected employees
• Copies of applicable employee handbooks, personnel policies, and employment-related policies-or instructions on where those documents can be accessed online

In addition, employers must post the notice in conspicuous location in any language spoken by at least 5% of the workforce. 

Are There Any Exceptions?

Yes-but they are limited.

Nebraska’s Mini-WARN Act recognizes exceptions for circumstances such as:

• Unforseeable business circumstances
• Natural disasters
• Certain business closings where the employer was actively seeking capital or business

If an employer relies on one of these exceptions, it must still explain why the full 90-day notice period could not be provided.

The law also allows employers to reduce the notice period by providing severance payments or wages in lieu of notice, provided those payments equal at least the compensation employees would have earned during the shortened period.

What Employers Should Do NOW

Even employers who rarely conduct workforce reductions should review their internal procedures before the need arises.

Consider:

• Updating reduction-in-force planning procedures
• Identifying who will prepare required notices
• Reviewing access to employee handbooks and policies
• Determining whether the language translation requirements apply
• Consulting legal counsel early in the planning process

The biggest takeaway is simple: Don’t wait until layoffs are imminent to begin your legal analysis. 

Early planning gives employers more flexibility, reducing compliance risk, and helps ensure difficult workforce decisions are handled appropriately.

WFJ’s Employment Law team and Compliance Center help employers navigate workforce changes before legal issues become business problems.

The best collection strategy starts before the first invoice is sent.

When an account becomes past due, it’s natural to focus on collections. But in the construction industry, many of the strongest collection tools-such as mechanic’s liens and payment bond claims-are either preserved or lost long before payment ever becomes an issue.

The decisions made during the credit approval process can have a significant impact on your ability to recover payment later. Asking a few key questions upfront can help protect your rights, reduce risk, and strengthen your position if a dispute arises.

Here are five questions every credit professional should ask before extending credit on a construction project.

Is this a Public or Private Project?

This is one of the most important questions you can ask because it determines which legal remedies may be available if payment problems arise.

On many private projects, qualified contractors, subcontractors, and suppliers may have mechanic’s lien rights, subject to state law and applicable notice requirements.

On public projects, mechanic’s liens generally are not available. Instead, payment may be secured through a statutory payment bond, which comes with its own notice requirements and deadlines.

Knowing the project type from the beginning allows your credit team to preserve the appropriate rights before critical deadlines pass.

Where is the Project Located?

Construction law is governed by state law, and no two states treat lien and bond rights exactly the same.

Deadlines, notice requirements, eligible claimants, and filing procedures can vary significantly depending on where the project is located.

If your company supplies projects in multiple states, relying on a “one-size-fits-all” process can create an unnecessary risk. Understanding the governing state’s requirements early allows your team to track the correct deadlines from day one.

Where Does Your Customer Fit in the Contracting Chain?

Understanding who hired your customer-and who owns the project-can be just as important as understanding who owes you money.

Questions to ask include:

• Is your customer the general contractor?
• Are they a subcontractor?
• Are they a lower-tier subcontractor?
• Are you supplying materials directly to another supplier?

Your position within the contracting chain may affect whether lien rights or bond rights are available and what notices may be required to preserve them. When extending credit, gathering this information up front is often much easier than trying to reconstruct it months later.

Are Lien or Bond Rights Available?

Not every construction project gives rise to the same legal remedies.

Depending on the project and your role, you may have access to:

• Mechanic’s lien rights
• Payment bond claims
• Other statutory remedies available under applicable law

Understanding which remedies may be available allows your organization to make informed credit decisions, and if necessary, involve legal counsel before important rights expire.

Have You Started Tracking Your Deadlines?

One of the most common reasons companies lose valuable collection rights isn’t because they had a weak claim-it’s because a deadline was missed. 

As soon as credit is approved, establish a system to track key dates, such ask:

• First furnishing of labor or materials
• Required preliminary notices
• Last furnishing date
• Lien or bond claim deadlines
• Applicable lawsuit deadlines

Waiting until an invoice reaches 60 or 90 days past due may leave little time to preserve your legal options. A well-maintained calendar can be just as valuable as a well-written contract. 

Proactive Credit Management Creates Stronger Collections

Credit professionals aren’t expected to know every nuance of construction law. However, understanding the right questions to ask before extending credit can help preserve valuable rights that may significantly improve collection outcomes if payment issues arise.

By identifying the project type, confirming the project location, understanding the contracting chain, evaluating available remedies, and tracking deadlines from the outset, your credit department is better positioned to protect both receivables and cash flow.

The strongest collection strategies begin long before an account becomes delinquent. 

How Wagner, Falconer & Judd Can Help?

Construction collections often require quick action and careful attention to statutory deadlines. Our attorneys work with credit departments, suppliers, distributors, and lenders to help preserve lien and bond rights, evaluate collection options, and develop practical strategies for recovering outstanding balances.

Whether you’re extending credit on a new project or addressing a past-due account, proactive legal guidance can help protect the remedies available to your business.

The best collection strategy starts before the first invoice is sent.