Navigating a Lawsuit, Mechanic's Liens 101, Employee Misclassification Law, and Employment 101

Handouts

Faculty

Christopher W. Boline Related Seminars and Products

Felhaber Larson

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Chris Boline is an attorney with Felhaber Larson. He graduated from St. John’s University and received a law degree from William Mitchell College of Law. Chris represents clients in construction-related matters in residential and commercial settings. He helps contractors with all legal aspects and phases of their construction projects, including contracts, liens, and regulatory concerns. Chris works with developers, general contractors, subcontractors, and suppliers in disputes involving litigation, arbitration, and matters before administrative agencies that oversee licensing.

Bill Gcshwind Related Seminars and Products

Minnesota Construction Law Services PLLC

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Bill started Minnesota Construction Law Services in 2012 focusing on residential construction and small business law providing legal and business services to residential contractors and other owner-operated businesses. He became a lawyer after more than 25 years in the business world to bring common sense and business principles to the implementation of legal services for the construction industry.

Lauren Janochoski Related Seminars and Products

Felhaber Larson

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Lauren Janochoski is an attorney at Felhaber Larson. Prior to embarking into practice, Lauren had the privilege to serve as a law clerk for Judge Jamie Cork in the First Judicial District, Dakota County, Minnesota. Today, her practice primarily focuses on construction and real estate litigation, as well as general business litigation and advice and counsel.  She has litigated mechanic’s liens, construction defects, warranty issues, and slander of title claims. She represents both contractors and homeowners and has appeared as counsel in civil and criminal courts on behalf of both. She earned her B.A. from the University of St. Thomas and her J.D. from Mitchell Hamline School of Law. 

Course Details

Mechanic's Liens 101

This course discusses Minnesota and Wisconsin’s lien laws and requirements for filing and perfecting a construction lien. It will also provide a comprehensive guide outlining potential hazards to keep in mind for contractors, subcontractors, and material suppliers.

Course Outline:

• Introduction
• What is a mechanic’s lien (and why is it valuable)?
• Who is entitled to a mechanic’s lien and who is not?
• The Process For Obtaining a Mechanic’s Lien - An Introduction
• Pre-Lien Notice and Contract Requirements
• Preserving Your Lien – the Mechanics Lien Statement
• Service and Notice of Your Lien
• Title Records, Multiple Liens, and Pre-Lawsuit Strategy
• Initiation of a Foreclosure on Your Mechanic’s Lien
• Common Lien and Release Headaches to Avoid

Learner Objectives:

• The basics of mechanic’s liens
• Whether or not they are effective (and why)
• General tips to keep in mind
• How to prepare and file a mechanic’s lien
• What to do after you file a mechanic’s lien

Navigating a Lawsuit – Successful Construction Litigation Strategies

This course reviews the life cycle of a lawsuit, from start to finish, focusing on construction and contractor-related issues.

Course Outline:

• Introduction and Scenario Builder
• Preventing Litigation Before It Starts
• What to Do When you Receive the Summons and Complaint
• Telling Your Story (5 W’s)
• Answering the Complaint
• Discovery
• Alternative Dispute Resolution
• Trial

Learner Objectives:

• Pre-litigation strategy to prepare for and try to avoid litigation
• How to work with counsel to develop a defense to the claims, case themes, and potential counterclaims and third-party claims
• How to create an internal litigation team to effectively respond to litigation and minimize business disruptions during lawsuit
• What to expect during a lawsuit

Employee Misclassification Law

This comprehensive course provides an in-depth examination of the complexities surrounding employee misclassification law. Students will gain a thorough understanding of the legal framework, including the objectives of the legislation, common pitfalls, and new regulatory changes.

Key topics include:

• Understanding the Act: Learn about the legislative intentions and impacts from both proponents and opponents, including how the law seeks to protect workers and level the playing field without eliminating subcontracting.
• Defining Misclassification: Explore what constitutes employee misclassification and the legal repercussions of failing to correctly classify or treat workers.
• Penalties and Enforcement: Understand the significant fines, compensatory damages, and new powers granted to the Department of Labor and Industry (DOLI) to issue stop work orders and enforce compliance.
• Wage Theft and Protections: Review updates on wage theft prevention, protections for construction workers, and new tests for independent contractor status.
• Liability and Compliance: Delve into successor liability, revised independent contractor tests, and how to ensure compliance to avoid costly penalties.

Course Outline:

• Introduction
• Understanding the Act
  • What is Employee Misclassification?
  • Penalties for Employee Misclassification
  • DOLI's New Powers
  • Successor Liability
• Wage Theft Prevention Act 2019
  • Wage Protection for Construction Workers 2023
• New 14-Factor Test vs. 9-Factor Test
  • Liability for Failure to meet 14-Factor Test
  • IC Test Revised (July 1, 2024)
• Independent Contractor Administrative Rule
• Conclusion

Learner Objectives:

• By the end of the course, students will be equipped to navigate the evolving landscape of employment classification, manage risks effectively, and ensure adherence to new regulatory standards.

Employment 101

This course provides an overview for builders of the complexities surrounding the laws, liabilities, and risk management of hiring, managing, and terminating employees. Students will gain an understanding of the legal framework along with tips to avoid legal ramifications.

Course Outline:

• Introduction
• Employee Misclassification (MN/WI)
• Basics Before Hiring
• Interview Tips
• Drug Testing (MN/WI)
• New Hires (MN/WI)
• Wages
• Exempt vs Nonexempt
• Benefits
• Earned Safe and Sick Time (Minnesota)
• Family Medical Leave Act (FMLA) (MN/WI)
• References

Learner Outcomes:

• Be equipped to navigate the evolving landscape of employment hiring and classification
• Learn how to manage risks effectively
• Recognize how to ensure adherence to state and federal standards