Failure to properly file a marriage certificate in Minnesota can lead to difficulties with important legal and financial matters. Our attorneys can help.
The rules for classifying workers as employees or independent contractors under the Fair Labor Standards Act (FLSA) have shifted repeatedly in recent years — and another change may be coming. Why This Matters Getting worker classification right is more complicated than it appears. Misclassifying a worker can harm employees by depriving them of overtime pay, minimum wage protections, and benefits. For employers, it can mean significant legal and financial liability. Because the rules have changed in 2021 and again in 2024, staying current is essential. What Is Being Proposed In February 2026, the U.S. Department of Labor issued a Notice of Proposed Rulemaking to rescind the 2024 rule and replace it with a simpler framework. The proposed analysis would use the “economic reality” test — asking whether a worker is truly in business for themselves or is economically dependent on the employer. Under the proposal, two core factors would drive the analysis: The nature and degree of control over the work The worker’s opportunity for profit or loss based on initiative or investment Three or more additional factors may come into play: The level of skill required The permanence of the working relationship — an impermanent work arrangement is indicative of independent contractor status only if the worker is in business for themselves Whether the work is part of an integrated unit of production — that is, whether the work is critical, necessary, or central to the potential employer's principal business Where Things Stand Now The comment period has closed, but the proposed rule is not yet in effect. Until it is finalized, the March 2024 FLSA rule remains in force. That rule requires analysis of both the "economic reality test," along with six separate factors. Employers should monitor this development closely, as any change may affect how workers are classified. If the proposed rule does take effect, employers should review their current worker classifications to ensure they remain compliant with the new standard. At Henningson & Snoxell, we help employers stay informed about developments like this. Please reach out with any questions about worker classification.
Pre-paid legal services seem appealing for their accessibility and predictable monthly fees, but they are limited and do not meet businesses’ full needs.
Jill A. Adkins recently returned to Henningson & Snoxell, Ltd. as the latest attorney to join our estate planning and elder law department. With more than 30 years of legal experience working with wills, trusts, probates, and more, Jill is a fierce advocate for her clients. She has a strong passion for serving, focusing on helping her clients understand and navigate the legal system.  Jill works with clients of all ages to create personalized estate plans. From naming guardians for young children to planning for incapacity to minimizing estate taxes, Jill helps her clients with a wide range of topics. She also works with each client’s financial planner or insurance agent to properly coordinate all aspects of the estate plan. Jill is especially committed to protecting the rights of older persons. She focuses much of her practice on elder law, which includes helping clients plan for long-term care and apply for Medical Assistance. Jill also helps older persons and their families prevent and address abuse, especially financial exploitation. “I am excited to return to Henningson & Snoxell and resume my estate planning and elder law practice with a stellar group of professionals who focus on serving client needs,” Jill said. Henningson & Snoxell, Ltd. is excited to welcome back Jill and looks forward to her contributions to our firm!
According to the government, people age 60+ lost nearly $8 billion to fraud in 2025. Learn the most common scams against seniors and how to protect yourself.
Medicare is a federal health insurance program primarily for people age 65+. Medicaid, or Medical Assistance in MN, is for individuals of all ages. Learn more.
Without incapacity planning documents in place, you may be subjected to a guardianship or conservatorship. Learn what these are and how they work.
Powers of Attorney and Health Care Directives name individuals to handle your financial and health decisions if you cannot. Learn how an attorney can help.
Join us for part 1 of our National Elder Law Month series. Today’s topic underscores the importance of an elder law attorney as your team leader.
Minnesota instituted a number of changes to the law relative to spousal maintenance effective August 1, 2024. One of these alters how the courts handle retirement of a party. The new statute allows for the modification of spousal maintenance upon the retirement of a former spouse who is paying spousal maintenance. The modification may (1) reduce; (2) suspend; (3) reserve; or (4) terminate the spousal maintenance. Upon a motion to modify or terminate spousal maintenance, the courts will consider the following factors to determine the appropriate modification: whether the retirement is in good faith; The statute now states that there is a presumption that retirement was not in bad faith once the retiring spouse reaches full retirement age or customary age in their occupation. whether the former spouse has attained the full retirement age under the Social Security Act (age 66 or 67) or the customary age for retirement in their occupation; whether the former spouse has reasonably and prudently managed their assets since the dissolution of the marriage; and the financial resources available to both former spouses. There is now a presumption that a person of full retirement age (whether the spouse paying or the spouse receiving maintenance) will use both income and assets to meet their needs. This is a change from the past statute and appears to be a change from case law as well, where previously only the assets not awarded during the divorce needed to be used to meet a person’s needs. As the retiring spouse, you may bring a motion to modify before you actually retire, as long as you have a specific date of retirement. The modification or termination can then be effective on the actual date of retirement. This is also a change, as previously a motion to modify could only be brought after retirement. If retirement is in your near future or your former’s spouse’s future, our family law attorneys can help you determine what the next steps might look like. Contact us to see how H&S can help you.
