Corporate & Business law

Significant Changes to Retirement Plans Proposed

As of April 2, 2019, there are two bills rapidly moving through Congress with bipartisan support. The Setting Every Community Up for Retirement Enhancement Act of 2019 (“SECURE”) passed the House and the Senate has proposed the Retirement Enhancement Security Act of 2019 (“RESA”). The bills are very similar and because there is bipartisan support it is likely that something will be passed soon. Some of the proposed changes are as follows: 1. Encourage employees to participate in automatic contributions in 401(k) plans and require employers to provide estimates of how much an employee’s account would provide employees if it were invested in an annuity. 2. Make it easier for small employers to join other employers in multiple-employer plans. 3. Easing nondiscrimination rules for frozen..

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FMLA Boot Camp

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..

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BGS proudly celebrates Women Entrepreneurs

BGS attorney Carole Clark Isakson has been a volunteer attorney with Women Venture for almost a year now, and last week was wonderfully surprised to find that her first WV client, LaTonya Johnson (Minnesota Electrolysis LLC) won this year’s “Nothing Ventured Nothing Gained Emerging Business Award”! Ms. Johnson’s award was presented on October 12, 2018 at the 23rd annual Women Mean Business luncheon and marketplace.  Carole spent several months working with Ms. Johnson (and Women Venture) negotiating the terms of the purchase of assets, setting up Minnesota Electrolysis LLC, drafting documents and handling employee and operational issues. It was a great experience for lawyer and client alike, and Ms. Johnson’s receipt of the well deserved reward was an additional confirmation that her business will..

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BGS Attorney Presents Electronic Data Security Seminar

On October 11th BGS attorney Carole Clark Isakson presented a seminar on data privacy issues to a large audience of Anoka County Bar Association attorneys. The seminar, entitled “Basic Electronic Data Security Issues”, addressed the professional and ethical obligations of attorneys in dealing with client (and employee) data in addition to covering privacy laws and how to implement them at law firms and businesses in general. Associate Attorney Nicole Wiebold spoke on the GDPR (General Data Protection Regulation) which became effective in May of this year. Data breaches strike almost a third of US businesses each year, according to one source, and the costs of remediation (coupled with the loss of business and reputation) can result in the failing of many businesses. Protecting client and..

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Defending Against ADA Lawsuits

Coauthored by Bradley A. Kletscher and Tyler W. Eubank Generally. The Americans with Disabilities Act (commonly known as the “ADA”) is a federal law meant to protect persons with disabilities from discrimination. To that end, the ADA requires that businesses open to the public remove architectural barriers where such removal is readily achievable. The Department of Justice has produced the ADA Accessibility Guidelines, voluminous guidance on design specifications covering everything from the height of counters to the placement of braille signage on elevators. The ADA also allows persons affected by discrimination in the form of architectural barriers to seek injunctive relief from courts compelling business owners to make changes to their establishments. ADA Abuse. Enter ADA “drive-by” lawsuits.

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