Nov
25

When a BB Gun Is Not a Gun

In a case published on October 19, 2016, the Minnesota Supreme Court decided an issue long debated in Minnesota Courts: Is a BB gun a firearm under Minnesota Criminal Law. The issue was presented when the State charged Mr. Haywood with violating Minn. Stat. § 609.165, subd.1b, which criminalizes the possession of a firearm by an ineligible person. The Court’s analysis is also relevant to any case in which an individual is charged with possession or use of a firearm when the term “firearm” is not specifically defined by statute.

In the case, State v. Haywood, No. A14-1792, 2016 WL...

Oct
12

Recognition of Parentage: Simple Form with Serious Outcomes

When a child is born in Minnesota to an unmarried mother, the mother automatically has sole legal and sole physical custody of that child under Minn. Stat. § 257.541.  When this happens, many parents sign a Recognition of Parentage, or ROP, form so that the baby’s birth certificate will have both parents listed. This is a form that is frequently signed at the hospital and is then submitted to the Minnesota Office of Vital Statistics. The ROP can be signed at any time, however, no matter how old the child is. Signing the ROP is easy to do, but doing so can cause significant...

Oct
3

New Developments in DWI Law

Birchfield v. North Dakota

For years, lawyers in Minnesota have argued about the validity of the Minnesota Implied Consent Law and the corresponding criminalization of refusal to take a blood, breath, or urine test.  In Minnesota, as in many other states, in order to enforce laws against drunk driving, statute establishes that by applying for a driver’s license, you have impliedly consented to a test if there is probable cause to believe that you have been drinking prior to operating the vehicle.[1]  If you are asked to take a test and you refuse to comply, the refusal results in a more...

Sep
28

Calculating Wages Not Paid: Tyson Foods v. Bouaphakeo

In a decision earlier this year, the Supreme Court issued a ruling that employees proceeding together as a putative class, or as a collective for claims under the Federal Fair Labor Standards Act (“FLSA”), can demonstrate commonality through statistical evidence that is not particular to the plaintiffs and events at issue. The decision in the case, Tyson Foods, Inc. v. Bouaphakeo et al., 765 F.3d 791 (2016)[1] dealt with Tyson employees who stated that their employer failed to compensate them for time putting on and taking off protective gear required for that work. They claimed that...

Sep
28

Expanded Provisional Waiver Program: the Good, Bad, and the Uncertain

The final rule expanding the I-601A provisional waiver process went into effect on August 29, 2016.

The most significant and most publicized change in the rule allows applicants with U.S citizen or lawful permanent resident (LPR) spouses and parents to qualify for provisional waiver processing. Accordingly, USCIS estimates that an additional 44,061 newly eligible provisional waiver applicants and their family members will benefit from this expansion of this rule within the next ten years. While this is a positive development in provisional waiver processing, other provisions in the final...

Sep
28

When is a Search not a Search? Police Use of GPS in Minnesota

When is a Search not a Search? One way in which the United States protects its people from being subjected to random whims of the State and errant police is by protecting our right to be free from “unreasonable searches and seizures.”  This right is established in the Fourth Amendment to the United States Constitution, which states, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and...

May
18

Tax Benefit

There are multiple tax benefits associated with parenting including the minor child tax dependency exemption (dependency exemption), the child tax credit, head of household status, child and dependent care tax credit, the earned income tax credit, and benefits associated with Health Savings Accounts.

When the parents of a child are together and filing taxes jointly, the parties do not have to think about who is entitled to the tax benefits of claiming the minor child or children. However, when couples divorce, who claims the child or children for tax proposes can become a source of...

Apr
9

Initiating Minnesota Wage Claims

The vast majority of employers pay employees on time and using proper calculations. Of course, problems can and do arise in this area. When an employer fails to pay, or calculates pay incorrectly, the consequences can be rather severe if the employer does not take quick action to correct the problem. This post will briefly outline a few of the most common ways an employee may initiate wage claims against an employer in Minnesota.

Informal Notice and Demand for Wages

For a terminated or laid-off employee, wages earned at the time of discharge are immediately due to an employee upon demand....

Apr
9

Justice Scalia's Death: What It Means for United States v. Texas

The Supreme Court of the United States is set to decide United States v. Texas, the case regarding the constitutionality of President Obama's new immigration policies, in June 2016. When Antonin Scalia---one of the nine Justices on the Supreme Court---passed away, the outcome of this monumental case became more uncertain.

President Obama proposed a new immigration policy in November 2014. The name of these programs is expanded DACA (expanded Deferred Action for Childhood Arrivals) and DAPA (Deferred Action for Parents of American and Lawful Permanent Residents). These programs would allow...

Apr
9

Counting Hours Worked for Child Support - Not All Hours Are the Same

In Minnesota, the child support amount the court orders a person to to pay is a function of several economic factors. These factors include both parent’s gross monthly income, the costs of medical and dental insurance for your joint child(ren), any non-joint children living in either home, the cost of child care, and the amount of time that the joint child(ren) spends with each parent. A judge or child support magistrate enters these factors into the Minnesota Child Support Calculator to determine a child support obligation. Although plugging numbers into the Minnesota Child Support...

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