LGN Partner David Asp to Speak at the 2020 Upper Midwest Immigration Law Conference

Employers are increasingly facing denials on employment-based visa petitions. As the numbers of denials increase, more employers are considering litigation against the government. LGN Partner David Asp has litigated several such cases in recent years on behalf of employers.  He will speak at the 2020 Upper Midwest Immigration Law Conference sponsored by the American Immigration Lawyers Association Chapter for Minnesota and the Dakotas.

Mr. Asp will speak as part of a panel titled “Litigating Employment-Based Immigration Cases: The New Essential Tool.” The panel will discuss strategic considerations for employers considering lawsuits, the nuts and bolts of pursuing a case, and current events.

2020-05-19T15:02:59-05:00May 19, 2020|

EMPLOYER BEST PRACTICES AND PROACTIVE MEASURES FOR REOPENING

As part of Minnesota’s and other states’ reopening measures, state and local governments are requiring employers – before opening – to implement preparedness plans which adopt guidelines from the Centers for Disease Control and Prevention (CDC), federal and state Occupational Safety and Health Administration (OSHA), and state Departments of Health to combat the spread of COVID-19. These safeguards include:

  • Personal hygiene and respiratory etiquette;
  • Engineering and administrative controls for social distancing;
  • Housekeeping – cleaning, disinfecting and decontamination;
  • Prompt identification and isolation of sick persons;
  • Communications and training that will be provided to managers and workers; and
  • Management and supervision necessary to ensure effective implementation of the plan.

In addition to meeting the minimum requirements to comply with executive orders and recommended guidelines, employers need to be proactive leaders in reducing the risk of future outbreaks […]

2020-05-07T17:14:38-05:00May 1, 2020|

UNEMPLOYMENT BENEFITS DURING COVID-19

CARES ACT:

The CARES Act created three benefits programs to provide and expand unemployment benefits:

  • Pandemic Emergency Unemployment Compensation (PEUC)
    Provides an additional 13 weeks after regular unemployment compensation benefits are exhausted. Ends 12/31/2020
  • Pandemic Unemployment Assistance (PUA)
    Extends benefits to self-employed, gig workers, freelancers, and independent contractors. Ends 12/31/2020
  • Federal Pandemic Unemployment Compensation (FPUC)
    Provides an additional $600 per week above the current state benefit. Ends 7/31/2020.

Expanded Unemployment Income (UI) Benefits:

The Act provides an additional federally-funded $600 of UI benefits per week on top of the weekly benefit amount determined by the state. This additional $600 per week is taxable and will expire on July 31, 2020.

Full and part-time workers who are laid off, furloughed, or have their hours reduced because of COVID-related impact on the business may be eligible to receive UI benefits under the Act. Upon application, each state will determine whether an employee should receive full or partial benefits. It […]

2020-05-07T17:23:37-05:00Apr 13, 2020|

LGN Partner David Asp Volunteers with NorthStar Neighbor

LGN Partner David Asp is providing pro bono legal services to NorthStar Neighbor, a new nonprofit that connects at-risk seniors with community volunteers through virtual modes of communication. Volunteers are then able to converse with isolated community members in need of assistance and check on their food supply and well-being, allowing Minnesotans to care for their neighbors during this time of social distancing.

Minnesotans are finding ways to support one another from afar during the COVID-19 stay-at-home order – find out more about this initiative and how you can get involved in this act of Minnesota solidarity by following the link below: http://northstarneighbor.com/

2020-04-15T10:45:16-05:00Apr 13, 2020|

MINNESOTA’S NEW STAY AT HOME ORDER – WHAT CHANGED?

On April 8, Governor Walz issued Executive Order 20-33 extending the stay at home period that was put in place by Executive Order 20-20 to 11:59 p.m. on May 3, 2020.  Executive Order 20-33 and the guidance issued by the Minnesota Department of Employment and Economic Development (DEED) contain some notable changes from the prior Order, which has been rescinded.

The exceptions for certain personal activities identified (e.g., shopping for food and supplies, seeking medical help and caring for others) remain largely unchanged from prior Order with a few notable additions:  (1) travel to purchase materials to make homemade personal protective equipment; (2) voting; (3) moving to a new residence; and (4) attending funerals so long as there are no more than 10 attendees.  As before, when engaging in any of the exempt personal activities, Minnesotans must follow the Minnesota Department of Health Guidelines to the maximum extent possible, including maintaining […]

2020-05-07T17:33:56-05:00Apr 9, 2020|

MINNESOTA’S STAY AT HOME ORDER – COMPLIANCE IS MORE THAN LOOKING AT A LIST

On March 25, Governor Walz issued Executive Order 20-20 ordering all Minnesotans to stay in their homes until April 10, 2020. There are exceptions for certain personal activities identified in the Order (shopping for food and supplies, seeking medical help and caring for others among others). In addition, there is an exemption for “Critical Sector Work.”

To determine whether your business fits within this exception and whether any of your employees qualify as “Critical Workers,” businesses need to look to the following three resources:

  1. U.S. Dept. of Homeland Security’s Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response
  2. Governor’s Executive Order
  3. List of NAICS Codes determined to be critical industries

If your business clearly meets the definition of a critical industry in one of the resources above, then some of your employees may […]

2020-05-07T17:32:39-05:00Apr 1, 2020|

WAITING FOR THE CARES ACT?

THE SBA AND STATE OF MINNESOTA HAVE PROGRAMS THAT ARE AVAILABLE NOW

While the loan and relief programs under the CARES Act are extensive, there are three programs that small businesses can access now—the SBA’s Economic Injury Disaster Loan program and Express Loan program and the State of Minnesota’s Small Business Emergency Loan Program.

SBA ECONOMIC INJURY DISASTER LOAN PROGRAM

This program offers up to $2 million in assistance and can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing.

The loans may be used to pay fixed debts, payroll, accounts payable and other bills that can’t be paid because of the disaster’s impact. The interest rate is 3.75% for small businesses and 2.75% for non-profits.

The loans are available with long-term repayment schedules in order to keep payments affordable, up to a maximum of 30 years. The terms are determined on a case-by-case basis, based […]

2020-05-07T17:31:04-05:00Apr 1, 2020|

LGN Lawyers Mentor University of St. Thomas Law Students

LGN lawyers David Asp, Simeon Morbey and Elizabeth Odette serve as mentors to students at the University of St. Thomas School of Law through the school’s Mentor Externship Program. The program connects students with a legal professional working in the student’s area of interest to help them gain work experience, develop relationships and navigate the legal field. Pictured is Elizabeth Odette with current Mentee Guo Yang.

2020-01-06T17:52:01-06:00Jan 6, 2020|

LGN Partner David Asp serves on faculty for Minnesota CLE seminar titled “Federal Litigation Strategies for Immigration Lawyers”

LGN Partner David Asp will serve on the faculty for an afternoon seminar presented by Minnesota CLE entitled “Federal Litigation Strategies for Immigration Lawyers.” As one of five faculty members, Asp will present to an audience consisting primarily of immigration attorneys on strategies for challenging immigration decisions through federal-court litigation. Based on his experience litigating cases in federal court, Asp will discuss how federal litigation may be an effective method for employers to challenging erroneous business-related decisions by the U.S. Citizenship and Immigration Services. The course will include discussion of remedies available to businesses challenging immigration determinations, as well as litigation strategies for prevailing in federal court.

Information regarding the seminar is available here.

2018-12-06T13:09:15-06:00Dec 6, 2018|

LGN’s employment law team preps and serves meals at St. Stephens

LGN attorneys and staff, including the firm’s employment law team, took part in the firm’s 40440 community service initiative last week when they partnered with St. Stephen’s Human Services to prepare and serve a meal at a local shelter in Minneapolis.

LGN Partner Susan Ellingstad, who also serves on the board of St. Stephens, along with David Asp, Anna Horning Nygren, Rachel Kitze Collins, Jennifer Jacobs, Heather Potteiger, Samantha Girard, Stephen Owen, Rick Linsk, and Sherri Juell all took part in the service project.

Since the 1960s, St. Stephens has worked to offer programs supporting the poor and homeless in the Twin Cities. In the last year alone they have served over 1,918 adults and 651 families, providing shelter, housing support, and other services to those in need. […]

2018-12-11T11:03:41-06:00Dec 3, 2018|

LGN Partner David Asp taught a two-day seminar on the topic “Addressing the Opioid Crisis in Indian Country”

LGN Partner David Asp taught a two-day seminar on the topic “Addressing the Opioid Crisis in Indian Country” last week. The seminar, designed by Asp, focused on multiple aspects of the opioid crisis that affect tribal communities, including unique issues relating to tribal health care entities and programs addressing the crisis, litigation regarding the opioid crisis, and increased focused on the opioid crisis by federal prosecutors and regulators. The two-day seminar was sponsored by the Fallmouth Institute, and attended by tribal leaders from across the United States.

2018-10-31T09:29:45-05:00Oct 31, 2018|
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