Category: Uncategorized
BGS Transportation Attorneys Present Seminar
April 6, 2022 | Carole Clark IsaksonOn March 31st, 2022 BGS Attorneys Carole Clark Isakson and Erik Ordahl presented a seminar on driver misclassification to members of the Duluth Superior Transportation Association, on which Carole serves as a board member. Driver classification issues are a critical concern in the trucking industry, and the seminar provided attendees with detailed information on the factors considered by state and federal agencies in determining whether an independent owner-operator should be considered an employee for tax, unemployment, liability, wage and hour and other purposes. Most tests focus on the control and direction an employer exercises over the driver, and also include analysis related to the economic realities of the relationship. While a strong contract hauling or other agreement between the carrier and driver is helpful to proving that the driver is truly independent, it is critical that the parties follow the contract terms. And because the tests used differ depending on the issue before the particular court or agency, the outcome and analysis can differ even when the facts are very similar. This makes navigating the issues a challenge for motor carriers. Special attention was paid to a California law designated as AB-5 which codified an employee leaning test and has resulted in much concern in the industry — issues relating to this law have…
Read MoreA Future Career in the Legal Field?
February 10, 2022 | Barna, Guzy & Steffen, Ltd.On February 9, 2022 BGS shareholder Carole Clark Isakson spent an afternoon at Osseo Senior High speaking with students interested in careers in law. After 31 years as an attorney, she certainly didn’t run out of examples and stories! Osseo, like many high schools, spends a lot of time working with students on their plans after high school, whether those plans are work, trade school or college. Having surveyed students on their areas of interest, professionals were invited in to speak about nursing, public services, sports, art and music, law, business, construction, manufacturing, engineering, and information technology. Those sessions have taken place throughout the year. Approximately 50 students attended the session on careers in the law, and Isakson was one of three attorneys and a paralegal present to talk to the students. After introductions and a brief opportunity to talk about their particular jobs, the four professionals rotated from table to table to talk in small groups with the students. Carole recapped a few of her favorite moments of the day: Weirdest question? “What kind of car do you drive?” [uhm… Honda Accord] Most thought provoking question? “Did you make any career decisions you regret?” [Actually… no!] Most common question? “What skills do I need to be a good lawyer?” [A good lawyer…
Read MoreBusiness Owners: Think Twice Before Gifting Stock to Employees
September 24, 2021 | Carole Clark Isakson
I receive regular calls from small business owners that want to show appreciation to their hardworking employees by gifting shares in the company. Sometimes, the goal is to incentivize an employee to work harder and in other cases, the employer hopes to keep the employee long-term and feels the gift will help with this. I generally dissuade these owners from share transfers and suggest other ways to bonus employees based on profits. Why? Because an owner of shares, no matter how small, has rights in the company that can cause issues for the well-meaning employer. Minority shareholders in Minnesota have a variety of rights. For instance, minority shareholders in privately held corporations have the right to request and examine the share register, the records of all shareholders, and board proceedings over the past three years. This includes all articles, amendments, bylaws currently in effect, certain financial statements, reports made to shareholders within the last three years, names and business addresses of all directors and principal officers, voting trust agreements, shareholder control agreements, and other types of agreements. While providing these documents may not be difficult, many employers would rather not share this information. When an employee comes to their employer, and owns a share in the company, this information must be provided. In…
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