When it comes to securing payment on high-dollar construction and equipment projects, lien and bond rights are some of the most powerful tools available. However, protecting those rights isn’t automatic-it requires precision, proactive tracking, and strict adherence to deadlines. Missteps, even small ones, can completely forfeit your ability to collect.

Here’s how you can efficiently safeguard your interests and streamline the lien and bond process:

Start with Solid Documentation

To support a lien claim, you need factual, organized records. You should consistently maintain:

• The Contract
• Job Level Tracking
• Credit Supplement Sheets
• Notices (Preliminary, Notice of Intent, etc.)
• Individual Invoices
• Proof of Delivery to the Jobsite

Without this backup, you won’t have the documentation needed to sign the lien affidavit. In fact, missing required notices can invalidate your lien entirely.

Prioritize Timely Notices

Each state has its own strict deadlines and notice requirements that, if missed, can be fatal to your lien rights:

• Utah: Preliminary notice must be provided within 20 days from first furnishing. It must be filed through the state’s central registration office. Failure to do so waives lien rights.
• Missouri: A 10-day Notice of Intent to Lien must be served to the property owner before filing. If the request comes less than 7 days before the deadline, you may be out of time.

Recommendation: Always send notices via certified mail and keep receipts. This documents the delivery timeline and helps ensure your notices are legally valid.

Confirm Proof of Delivery

It’s not enough that materials are shipped-you need to prove they made it to the jobsite. Proof of delivery confirms the last furnishing date and supports your lien rates. Materials sitting at a customer’s warehouse or another offsite location won’t count.

Verify the Correct Owner

Sending preliminary notices to the wrong owner can cause you to lose your lien rights entirely. Before sending notices, confirm ownership records to ensure you’re sending them to the legal property owner.

Engage Legal Support Early

Working with your legal partner early in the process is key. Request lien and bond assistance from your attorney at least 14 days before the filing deadline. Gathering backup from branches or project managers should start at least 20 days before the deadline.

At WFJ, we encourage you to reach out as soon as you identify a potential issue. Even if you’re unsure of the next step or don’t fully understand what’s being requested, we’re here to help walk you through it. We can also assit with opinion letters and answer questions along the way.

Takeaway

Safeguarding your lien and bond rights requires proactive planning, meticulous recordkeeping, and attention to deadlines. When these steps become part of your regular credit and collections process, you’ll protect your right to payment and dramatically reduce your risk.

If you need help navigating the process, our team is always happy to get on a call and guide you through it.

The 2025 Minnesota legislative session brought a range of important updates to employment laws, focusing on rest and meal breaks, Earned Sick and Safe Time (ESST), and Minnesota Paid Leave. While these changes may not be sweeping, they significantly impact employer responsibilities and workplace policies. HR professionals and employers should take note and prepare to update their practices accordingly.

Rest and Meal Breaks: More Structure, More Liability

Starting January 1, 2026, Minnesota’s rest and meal break laws will have stricter requirements and new penalties.

Rest Breaks

Employers must now provide:

• At least 15-minute rest break for every four consecutive hours worked, or
• Enough time to access the nearest convenient restroom, whichever is longer.

What’s Changing?

Previously, employers were only required to give employees “adequate time” to use the restroom. The new rule sets a clear minimum of 15 minutes, offering more definitive protection for employees.

Meal Breaks

Employers must now allow a 30-minute meal break for employees who work six or more consecutive hours.

What’s Changing?

The old rule required employers to “permit” meal breaks after eight hours, without specifying the length. The new law lowers the threshold to six hours and requires employers to actively allow a 30-minute break.

New Penalties

If an employer violates these break requirements, the employee is entitled to:

• Back pay for the missed break time at their regular rate of pay, plus
• An additional, equal amount in liquidated damages

In other words, employers could face double the liability if they fail to comply.

🗓 Effective Date: January 1, 2026

Earned Sick and Safe Time (ESST) Updates

Several employer-friendly adjustments to ESST went into effect on July 1, 2025.

Notice for Unforeseeable Leave

Employees must now give advance notice as “reasonably required by the employer” for unforeseeable absenses, replacing the former standard of “as soon as practicable”.

Documentation Timeline

Employers can now request reasonable documentation after two consecutive scheduled workdays of ESST use. The previous rule allowed requests only after three consecutive days.

Shift Replacements

Employers remain prohibited from requiring employees to find a replacement worker, but the law now clarifies that employees can voluntarily trade shifts if they choose.

ESST Advancement

🗓Effective January 1, 2026:

Employers may advance ESST hours based on anticipated hours the employee will work for the remainder of the accrual year. If the advanced amount is less than what the employee would earned based on actual hours, employers must make up the difference.

MN Paid Leave: Premium Adjustments

The legislature made made a technical update to the maximum premium cap for Minnesota Paid Leave:

• 2026 premium rate: Remains at 0.88% of employee wages.
• Future cap: The annual premium cap may now be adjusted up to 1.2% (increased from the original 1.1%).

The Minnesota Department of Employment and Economic Development (DEED) can adjust future premiums based on the program’s financial performance and actuarial principles.

Key Takeaways for Employers

• Review and update rest and meal break policies by January 1, 2026.
• Update ESST policies now to reflect the July 1, 2025 changes.
• Stay informed on future premium adjustments under MN Paid Leave.

Although these changes may seem incremental, noncompliance-especially regarding rest and meal breaks-could lead to significant penalties.

Stay Ahead of Compliance

WFJ is here to help you review your policies, update your handbooks and ensure you’re fully prepared for these changes. Reach out to our team for support in navigating Minnesota’s evolving employment laws.

We’re excited to announce a significant milestone for Wagner, Falconer & Judd and our long-standing relationship with LegalShield. WFJ has taken the reins as Provider Law Firm for LegalShield members in British Columbia and Alberta.

This expansion marks an incredible opportunity to serve LegalShield members across new regions, broadening our footprint in the Canadian legal market, and continue our legacy of delivering accessible, high-quality legal services across North America.

WFJ has proudly served LegalShield members in Minnesota, Wisconsin, North Dakota, South Dakota, and Montana for more than 27 years. This new partnership not only strengthens our relationship with LegalShield but also enhances our connections with key Fortune 100 clients, many of whom we’ve supported in Canada for years.

We look forward to continuing to provide trusted legal solutions to individuals, families, and businesses, and we are honored to expand our services to LegalShield members in British Columbia and Alberta.

Creating a fair, respectful, and legally compliant workplace starts with understanding anti-discrimination and Equal Employment Opportunity (EEO) laws. These laws are designed to protect employees and job applicants from unfair treatment based on certain protected characteristics-and they’re more than just best practices; they’re legal requirements.

For HR professionals and employers, staying informed and compliant with these laws is essential to fostering a workplace culture built on trust, inclusion, and legal integrity. Here’s an overview of the key federal anti-discrimination laws and how they impact your hiring and employment practices.

What is Employment Discrimination

Employment discrimination occurs when an employer takes an adverse action-such as refusing to hire, denying a promotion, or terminating employment-based on individual’s membership in a protected class. This kind of conduct is often referred to as disparate treatment and is prohibited under a patchwork of federal, state, and local laws.

Key Federal Laws the Prohibit Employment Discrimination

Understanding these major federal statutes is a critical first step in building a compliant and inclusive workplace:

Title VII of the Civil Rights Act of 1964

Prohibits discrimination based on:

• Race
• Color
• Religion
• Sex (including sexual orientation, gender identity, and pregnancy)
• National origin

Americans with Disabilities Act (ADA)

Protects individuals with disabilities from discrimination and requires reasonable accommodations in most employment situations. This includes the ADA Amendments Act (ADAAA), which broadened the definition of disability.

Rehabilitation Act

Mirrors the protections of the ADA but applies to:

• Federal employers
• Federal contractors and subcontractors (with contracts over $10,000)
• Employers receiving federal funding

Age Discrimination in Employment Act (ADEA)

Prohibits discrimination against individuals aged 40 and over.

Genetic Information Nondiscrimination Act (GINA)

Protects employees from discrimination based on genetic information, including family medical history.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

Prohibits discrimination based on past, present, or future military service.

Section 1981 of the Civil Rights Act of 1866

Ensures equal rights to make and enforce contracts, including employment contracts, regardless of race, color, or ethnicity.

Equal Pay Act (EPA)

Requires that men and women in the workplace be given equal pay for equal work.

Family and Medical Leave Act (FMLA)

Prohibits retaliation against employees who take unpaid job-protected leave for qualifying family or medical reasons.

Immigration Reform and Control Act (IRCA)

Prohibits employment discrimination based on citizenship status or national origin and governs the employment eligibility verification process.

Why Compliance Matters

Failing to comply with EEO and anti-discrimination laws can result in:

• Costly lawsuits and settlements
• Damage to your company’s reputation
• Decreased employee morale and engagement
• Increased turnover and recruitment challenges

What HR Departments and Employers Should Do

• Review and update your policies to reflect current federal and state anti-discrimination laws.
• Train hiring managers and supervisors on appropriate interviewing, accommodation, and disciplinary practices.
• Establish clear procedures for handling discrimination complaints and conducting internal investigations.
• Audit pay practices and job classifications to ensure compliance with equal pay laws.
• Document decisions related to hiring, promotion, and termination to demonstrate non-discriminatory practices.

WFJ Can Help

At WFJ, we understand how complex and ever-evolving employment laws can be. Our team is here to support your HR department with tailored legal guidance, policy reviews, training, and proactive risk management strategies. By partnering with us, you gain peace of knowing your practices align with the law-and your employees’ rights are protected.

Ready to build a compliant and inclusive workplace? Let’s talk. 

At WFJ, we regularly counsel landlords on how to comply with Minnesota’s landlord-tenant laws-not just the basics, but the nuanced details that can impact risk and liability. Whether you’re managing a single rental unit or an entire portfolio, it is critical that you understand your legal obligations in order to protect your investments.

Here are three important areas of Minnesota landlord-tenant law every landlord should be familiar with:

Hiring a Property Manager? A Background Check is Legally Required

Minnesota law requires landlords to conduct a criminal background check on any person hired to manage residential property if that person will have access to the home. This includes onsite property managers or caretakers.

What the law says:

• Individuals with convictions for serious crimes like murder, assault, criminal sexual conduct, arson, or stalking can never be hired as residential managers.
• Individuals convicted of theft, burglary, robbery, and other specified offenses can only be hired if at least 10 years have passed since the sentence was discharged.
• Attempts to commit these crimes, or equivalent convictions from other states, are treated the same.
• Landlords must also request background checks for all current managers-not just new hires.

Background checks must be completed through the Minnesota Bureau of Criminal Apprehension (BCA), and landlords may be charged a fee per request. For questions or to initiate a background check, contact the BCA CHA Unit at (651) 793-2400.

Resolving Disputes Through Housing Court (Ramsey & Hennepin Counties)

For landlords and tenants in Hennepin and Ramsey Counties, Minnesota provides dedicated housing courts to resolve rental disputes efficiently and fairly. These courts handle:

• Eviction actions
• Rent escrow proceedings
• Rent abatement claims
• Violations of housing codes

Each case is heard by a housing referee, whose recommended decision is reviewed and confirmed by a district court judge. Either party can request a review of the referee’s recommendation within 10 days, providing specific objections.

Housing courts provide landlords a consistent and knowledgeable forum to resolve disputes while helping ensure compliance with state housing law.

Tenant Property Left Behind After Eviction Must be Handled with Care

If a tenant is lawfully evicted and leaves personal property behind, landlords are legally obligated to take specific steps before disposing of or removing the items.

What landlords must do:

• Create a detailed inventory of the property in the presence of the Sheriff or officer executing the removal
• Include item descriptions, condition, and who is authorized to release the property
• Send a copy of the inventory by mail to the tenant’s forwarding or last known address

Landlords must store the property for 28 days and exercise reasonable care during storage. Failure to do so can result in liability for damage or loss. Tenants must also be notified in advance of the scheduled removal date, and landlords must attempt to call them as good faith measure. Landlords may charge the cost of storage to the tenant, but they do not have a security interest in the tenant’s property, and they may not withhold the tenant’s property until payment is made.

Importantly, this law cannot be waived or altered by any lease agreement. It is a non-negotiable legal requirement.

Takeaway: Know the Details-Protect Your Investment

Landlord-tenant law in Minnesota includes more than just collecting rent and maintaining a property. From mandatory background checks to housing court protocols and personal property storage, small oversights can result in major legal consequences.

At WFJ, our experienced landlord-tenant attorneys can help you:

• Draft legally sound leases and management contracts
• Navigate eviction or rent disputes
• Stay compliant with housing laws

Have a question or need help protecting your rental property? Contact Wagner, Falconer & Judd today-we’re here to help you do it right the first time.

California has taken a significant step in debt collection regulation by expanding the Rosenthal Fair Debt Collection Practices Act (RFDCPA) to cover specific commercial debt obligations. This move introduces a new layer of legal exposure for creditors, lenders, and collection professionals involved in commercial finance-particularly those engaging with individual borrowers and personal guarantors.

As of July 1, 2025, covered commercial debts in California will be subject to the same strict collection practices previously reserved for consumer debts.

This includes avoiding:

• Harassment or abusive collection practices
• Contacting a debtor’s employer without authorization
• Communicating with a represented debtor
• Any deceptive or misleading collection tactics

Key Legal Update: What Senate Bill 1286 Changes

Traditionally, the RFDCPA applied only to consumer debts-obligations incurred primarily for personal, household, or family use. Now, the law will include:

• “Covered commercial credit” and “covered commercial debt”- defined as debts owed by natural persons, including personal guarantors, for commercial purposes, if the total transactional value is $500,000 or less.
• Types of debt affected include:
  • Commercial loans
  • Accounts receivable financing
  • Factoring and asset-based lending
  • Lease financing
  • Open-end credit lines

This means any individual-whether acting as a direct borrower or as a personal guarantor of a business obligation-will receive protections under the RFDCPA, provided the transaction meets the dollar threshold.

Effective Date and Scope

• Applies to commercial debt entered into, renewed, sold, or assigned on or after July 1, 2025
• Does not apply retroactively to prior transactions
• Applies to original creditors as well as third-party debt collectors and debt buyers

Implications for Credit and Finance Professionals

Violations of the RFDCPA can result in:

• Actual and punitive damages
• Attorney’s fees and costs awarded to the debtor
• Reputational and legal risk to your organization

Best Practices: Preparing for Compliance

 To position your business for regulatory readiness, we recommend the following steps:

Audit Your Commercial Collections Process

Review your current collection protocols, especially those involving personal guarantors or individual borrowers in California. Ensure all communications and outreach methods meet RFDCPA standards.

Implement Training for Staff and Third Parties

Educate internal collections teams, customer service representatives, and any third-party collection vendors on the new legal requirements. Emphasize prohibited conduct, including harassment, unauthorized employer contact, and deceptive communications.

Update Commercial Loan Documentation

Revisit your loan agreements and guaranty language to align with anticipated enforcement risks. Ensure clear delineation between business and personal obligations.

Strengthen Recordkeeping and Communication Controls

Ensure you have robust documentation of all borrower communications and can demonstrate compliance if challenged.

Partner with Legal Counsel Proactively

Engage experienced counsel to review your California-based commercial lending and collections operations. WFJ can help you identify exposure areas and implement changes before the law takes effect.

This new bill represents a growing trend of consumer-style protections being extended into the commercial finance space. For credit and finance professionals managing portfolios with individual guarantors or natural-person borrowers, this is the time to act.

WFJ is here to help you navigate this shift with clarity and confidence. Reach out to us today to learn how this new law may impact your business. 

When you finance or lease heavy equipment, you’re taking a risk-especially if the customer defaults or goes bankrupt. A Purchase Money Security Interest (PMSI) is one of the most powerful tools available to protect your investment and ensure you have top priority in recovering your equipment or getting paid.

A PMSI gives you a “super-priority” status, even over other creditors who previously filed a security interest. But here’s the catch: you only get that priority if you follow the rules to the letter.

If the equipment is inventory, such as parts or rental fleet assets, you must:

• File a UCC-1 financing statement before the customer takes possession
• Send authenticated notice to all other secured parties who have an interest in the same type of inventory.

If you’re financing equipment (like a bulldozer or excavator sold for long-term use), you have a bit more flexibility:

• File the UCC-1 within 20 days after the customer receives the equipment
• No notice to other creditors is required

Failing to meet these deadlines or skipping the notice step can cost you your priority status-meaning another creditor could take possession of the very equipment you financed.

This is where legal guidance becomes critical. 

Working with a trusted law firm ensures that your filings are done properly, your notices are sent on time, and your interests are protected at every step. It’s not just about paperwork-it’s about protecting your bottom line.

Don’t leave your priority to chance. 

Partner with a legal team that understands the nuances of PMSIs and the unique risks faced by heavy equipment dealers. The right legal strategy today could be the reason you recover your equipment tomorrow.