Attraction and retention of a talented workforce is a common priority and, oftentimes, a challenge in today’s employment environment. Similarly, employers may look for ways to help ensure that when they devote time and resources to training employees, those employees do not subsequently begin working for a direct competitor of the employer. One common tool...

On February 9, 2023, the Wage and Hour Division of the U.S. Department of Labor (WHD) issued Opinion Letter FMLA2023-1-A clarifying an employee’s right to use leave under the Family and Medical Leave Act (FMLA) to reduce the employee’s work schedule. The right is guaranteed for eligible employees, irrespective of the availability of reasonable accommodations...

Minnesota’s CROWN Act—Enacted Minnesota’s Creating a Respectful and Open World for Natural Hair (CROWN) Act amended the definition of “race” under the Minnesota Human Rights Act (MHRA). Race, as a protected class under the MRHA, is now “inclusive of traits associated with race, including but not limited to hair texture and hair styles such as...

One of the more common issues faced by employers and hiring managers when seeking new employees involves job applicants’ criminal backgrounds and histories. One of the reasons this remains a prevalent issue is due to the commonality of Americans with criminal records, which the Bureau of Justice Statistics estimates includes 80 million Americans, or roughly...

Retaliatory discharge is a claim that an employee was fired, not for a legitimate business reason, but rather in retaliation for the employee taking some legally protected action such as: making a workers’ compensation claim, taking FMLA leave; or reporting harassment, unsafe working conditions, or some other illegal activity. Wrongful termination lawsuits are unique. In...

Real Estate often serves as the primary collateral for a loan, and for good reason. Compared to personal property, real estate tends to depreciate less, cannot be absconded with, and oftentimes is simply more valuable than items of personal property. For this reason, lenders usually take significant efforts to ensure they obtain a first priority...

This article is intended to be a “refresher” on how lenders can avoid conversion claims in connection with certain jointly payable negotiable instruments. Certain types of negotiable instruments (e.g., jointly payable checks) can benefit lenders, as demonstrated in the hypothetical below, but these instruments can also cause a lender problems if these instruments are not...