FMLA Boot Camp

March 18, 2019  |  Tyler W. Eubank

The Basics The Family Medical Leave Act, or FMLA, allows employees to take 12–26 months of unpaid leave for their own or a family member’s medical reasons. The FMLA generally applies to employers who have 50 or more employees. An employee covered by the FMLA must have been employed for at least a year and has worked at least 1,250 hours during preceding 12-month period. Intermittent FMLA and Reduced Leave Schedules Taking FMLA for a medical procedure or illness is one matter, it is another when that illness comes and goes unexpectedly. This is where intermittent FMLA and reduced leave schedules come into play. Intermittent FMLA allows employees to take FMLA in periodic blocks of time. For example, a pregnant mother may take days off in order to attend prenatal doctor appointments. Likewise, a migraine sufferer may use intermittent FMLA for migraine flare-ups. A reduced leave schedule allows an employee to reduce the number of hours the employee works in a day or a week. This is generally allowed for an employee recovering from an illness who is not yet able to work their full schedule. Certification The preceding likely has you begging the questions: What illnesses are covered and how do I know that the illnesses are real? The FMLA only applies…

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BGS Adds Experienced New Attorney to Real Estate/Banking Department

February 20, 2019  |  Barna, Guzy & Steffen, Ltd.

Barna, Guzy & Steffen LTD. is pleased to announce the addition of a new attorney to our firm. Joseph J. Deuhs, Jr. brings to BGS extensive expertise in representing financial institutions and commercial real estate owners. He will work closely with attorneys practicing in the firm’s Real Estate/Banking Department as he works with existing and new clients. Deuhs joins BGS after practicing for more than 25 years at the law firm of Leonard, O’Brien Spencer Gale & Sayre, LTD in Minneapolis where he began as an Associate in 1990. His extensive legal expertise in providing representation to financial institutions includes decades of counsel in matters of commercial lending transactions, workouts, restructures, enforcement of creditors’ remedies and other banking matters. Deuhs also has experience in commercial real estate matters in areas including acquisitions, financing, development and leasing. His addition to the firm solidifies Barna, Guzy and Steffen’s commitment to providing its clients the assistance of qualified and experienced attorneys working within the highly regulated banking community. During his career, Deuhs has been recognized as a Super Lawyer and Martindale-Hubbel AV rated lawyer. He is a 1986 graduate of Hamline University School of Law and was admitted to the Minnesota State Bar Association the same year. He is also a member of the U.S. District…

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Counsel Now Required for Business Entities Involved in Commercial Evictions in Hennepin County Housing Court

February 15, 2019  |  Tammy J. Schemmel

Coauthored by Tammy Schemmel and Karen Kurth  For years, commercial landlords in Hennepin County have filed eviction actions against tenants in material default of leases in Hennepin County Housing Court. Rule 603 of the Minnesota General Rules of Practice allowed the principals of business entities to file eviction actions without counsel and permitted commercial tenants to appear and defend the business entity without counsel in Hennepin County Housing Court. In 2018, the Minnesota Court of Appeals issued a decision holding that the Hennepin County Housing Court lacks authority to hear and determine any matter that is not related to residential rental housing. Likely in an attempt to salvage years of common practice, the Hennepin County District Court Chief Judge issued a Standing Order authorizing the Housing Court to hear civil cases involving commercial property evictions, but also requiring those commercial property evictions to be filed in District Court, not in Housing Court. [maxbutton id=”1″ ] Practically speaking, now commercial landlords that are business entities must hire counsel to file all commercial eviction actions in Hennepin County District Court and tenants must hire counsel to represent them in those eviction actions if they are business entities. The commercial eviction actions are still heard in Housing Court, but all business entities must appear through counsel….

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