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MN Specific Law Changes – By Tim Johnson – Attorney at Law

Good Morning:

I wanted to send out an update to explain some recent legislative changes.  It was a very busy session with a lot of bills passed affecting the construction industry.  Additionally, we’re seeing some changes in the world of insurance restoration I wanted to address as well.  These are all pretty important, but if you’re too busy today to read it all today, scroll to the bottom for a quick summary.

Legislative Changes

  • Legalized Cannabis.  Effective August 1, recreational cannabis is legal in Minnesota.  You can prohibit its use during the workday, but cannot discriminate against employees who use it off duty.  There are several exceptions to this rule for those positions such as those that deal with federally funded projects or require a CDL.
    • What you need to do?  Create a policy prohibiting cannabis use during working hours and/or add that to your handbook.
  • Non-Competes are Illegal.  Effective July 1, non-competes are no longer legal in Minnesota except in certain business sales.  All non-competes entered before July 1 remain effective.  Non-solicits and trade secret protections are still legal.
    • What you need to do?  Amend your employment or independent contractor agreements to remove non-competes going forward.
  • Earned Sick and Safe Leave. Effective January 1, 2024, all employees are entitled to 1 hour of earned sick and safe leave for every 30 hours worked to 1) care for the employee’s own or family member’s mental and physical health; 2) deal with domestic abuse, sexual assault, or stalking of employee or family member; 3) weather or public emergency; 4) inability to work or telework because of health concerns related to transmission of a communicable illness; and 5) determination by a health professional that employee or family member working would jeopardize the health of others.
    • What you need to do?  Amend your leave policy by new year.
  • Paid Family and Medical Leave.  Effective January 1, 2026 the state will establish and fund a paid family and medical leave program for certain family and medical leave reasons.  It will operate similar to unemployment and be funded through a payroll tax increase.  Eligible employees will be able to take up to 12 weeks of partial wage replacement for health and pregnancy.  Employers that offer private benefits that meet or exceed the requirements can apply for approval to opt out of the state plan.
    • What you need to do?  Nothing today, but you will need to revisit your benefit plan to determine whether it meets or exceeds the state’s.
  • Accommodations for Nursing Mothers, Lactating Employees, and Pregnancy.   Increases protections for pregnancy accommodations to allow an employee to take more frequent and longer restroom, food, and water breaks as an accommodation without being required to provide supporting documentation.
    • What you need to do?  Offer reasonable accommodations and breaks in these instances.  Amend your policy accordingly.
  • Human Rights Act Expanded.  The CROWN Act broadens definition of “race” under the MN Human Rights Act to include “hair texture and hair styles such as braids, locs, and twists” as an impermissible basis for discrimination.
    • What you need to do?  Nothing.  Presumably, you are not discriminating based on someone’s chosen hair style.  If you are, then stop it.
  • Wage Protection for Construction Workers.  Effective August 1, 2023, general contractors and subcontractors are required to assume liability for unpaid wages and benefits owed to a claimant by a subcontractor at any tier acting under the general contractor or subcontractor.  There is an exception for work performed on a home improvement contract for a 1-2 family dwelling.
    • What you need to do?  Update your subcontractor agreements and your document collection practices to ensure your subs are paying their subs and sub-subs.

Insurance Restoration Issues

  • Timeline for Claims.  Most Minnesota policies traditionally have a 2-year limitation to take legal action in the event a claim is in dispute in line with Minnesota’s “standard fire policy.”  However, Minnesota also has a “standard hail policy” which allows for a shorter 1-year limitation period.  Many carriers are now categorizing parts of their policies as “hail” and applying the shorter 1-year limitation period to hail claims.
    • What you need to do?  Be aware the old “standard” 2-year limit is more likely to be a 1-year limit after the date of the storm.  Assume all claims have a one-year deadline.
  • Code Coverage after St. Matthews.  This is a long topic – see the blog here.
    • What you need to do?  Focus on repairability of systems like the roof assembly or wall assembly.

Quick Summary

Too long, didn’t read?

  • Cannabis is legal.  Get a no cannabis in the workplace policy.
  • Non-competes are illegal.  Remove them from your employment agreements.
  • Employees are entitled to get safe and sick leave starting January 1.  Amend your time-off policy.
  • Paid family medical leave starts in 2026 and it will function like unemployment.  Opt-out of the state plan if you meet or exceed the requirements.
  • Increased accommodations for nursing, pregnant, and lactating mothers.  Amend your policy.
  • It is illegal to discriminate based on someone’s hairstyle.
  • You may now be responsible for paying your subcontractor’s payroll if they don’t.  Amend your subcontractor agreements.
  • Claim deadlines are beginning to shift from 2 year to 1 year from the date of loss on hail claims.
  • Code required repairs should be focused on the system at issue rather than individual components.

Revisions should be made to your company’s (1) employee handbook; (2) subcontractor agreements; and (3) employment agreements.  If you need your employment agreements and policies revised, please reach out and we can get that handled.  Forgive me for the lengthy email – it was a legislative session like none I’ve ever seen.

Disclaimer:  This e-mail does not constitute legal advice, but rather is intended for informational purposes only.  You should contact a lawyer (hopefully us) to review the impact of this information on your business.

2023-07-21T11:52:24-05:00

CAM Legislative Update 2023

The Legislature ended their 2023 legislative session on May 19th, 2023. The session brought
significant changes to businesses as a whole. Taking a step back, last fall the DFL won both the
House and the Senate giving the Democrats what is called a ‘Trifecta’ which assisted in passing
legislation they considered important to Minnesota. The Trifecta began by introducing legislation
that they had been wanting to pass for several years.
2023 Legislation

A critically, important piece to CAM was introduced, This bill addressed a MN Supreme Court
decision from last fall. HF 2315 (Koegel)/ SF 2290 (Howe) in St. Matthews v. State Farm held that
the an insurance carrier was not required to pay for required state building code updates to a
portion of a building that was not part of an occurrence damaging a building.

The problem is MN Building Codes require a home that is undergoing renovation due to a storm
occurrences be brought up to code. (MN Stats. 65A.10) Up until this MN Supreme Court decision,
insureds were always covered for these damages and now there is concern that insurance companies
will start deny or at the very least delay claims on homes that have been affected by a storm
occurrence where there is no damage but the state building code requires updates. In some cases,
the homeowner can’t afford the code upgrade and either they won’t make repairs so they don’t incur
the costs, or they may begin repairs only to find that code requires additional costs they cannot
afford. If the repair has begun, contractors will be in the unenviable position to either (1) leave
the home in disrepair if the homeowner cannot afford it (E.G, tarping a roof instead of re-shingling
it); or (2) pay those repairs out of pocket to avoid licensing violations and liability for the
work.

CAM was not able to secure a hearing but generated lots of attention to this issues during our Day
on the Hill.

The Subcontractor Wage Theft bill was closely monitored and lobbied by CAM. This bill, HF 1859
(Fesit)/SF 1988 (Seeberger) which was passed and signed into law makes contractor strictly liable
for wages or worker misclassification of a downstream subcontractor if an upstream subcontractor
fails to pay its workers even if the upstream subcontractor has been paid in full. Basically, it
makes the contractor liable for someone else’s mistakes. The costs of construction will skyrocket
to cover this risk.
Effective Date – August 1, 2023

CAM was successful in holding back a bill that would have required residential roofing codes that
didn’t make sense in MN. HF 1753 (Bahner) – This bill would authorize the State Building Codes
through DOLI to require residential roof coverings to do the following: (1) when asphalt shingles
are used, the shingles must be Class 4 impact-resistant shingles; (2) flashing must be installed as
closed valley or laced valley; and (3) ridge vents must be installed at the roof peak.

At this time, the bill does not have a Senate companion. The bill has the chance of coming back
next year and passing. CAM will work with the author next session to either fix the bill or kill
it.

Below is a timeline of new state law that will affect your business and when it goes into effect. Also, here is a link to the DLI Legislative Update with some more information and helpful links regarding each change.

Timeline for Action Taken by the Legislature:
July 1, 2023

• Lactating employees, pregnancy accommodations, unpaid leave updates and small business exemptions
removed

• New and increased OSHA penalties, classification of citation data; authority to inspect employer
exclusion

• Motor vehicle sales tax increases

August 1, 2023

• Stricter construction worker wage protections

• Recreational marijuana legal January 1, 2024

• Earned Safe and Sick Time

• Ban established on asking about pay history

• Tab fee increases

• Gas tax indexed to inflation July 1, 2024

• 50 cent per-delivery fee on retail packaging delivered over $100

• Minnesota OSHA fines/ penalties indexed to inflation January 1, 2026

• New Paid Family and Medical Leave mandate

2023-06-29T13:24:11-05:00

Solar Installers Now Required To Be Licensed As Residential Building Contractors

Effective July 1, 2023

(Article 1, Section 32; based on standalone bill HF2164/SF2735 (Kraft/McEwen))

Requires that solar installers be licensed residential building contractors, resulting in solar installers paying into
the Contractor Recovery Fund and giving consumers who hire licensed solar installers the ability to make claims
to the fund.

View the summer 2023 edition of the CCLD Review.

2023-06-14T11:10:22-05:00

The Importance of Pre-liens

Two of the most basic premises of a construction contract are that the contractor expects to be paid, and the property owner expects to own the work after payment is complete. Therefore, pre-liens are an important tool for protecting contractors and property owners. Executed properly, pre-liens ensure owners are made aware of any contractor working on their property, and they give contractors and sub-contractors means to assure payment for their services.

 

Protection for Property Owners

Real estate improvement projects, both commercial and residential, can involve a surprising number of contractors and paperwork. You may have one general contractor that hires sub-contractors that, in turn, hire their own sub-contractors. When payment is made, the property owner must be able to trust that each company will be paid as agreed. One way this is assured is through the pre-lien process. 

Within a prescribed amount of time after any agreement, the property owner must be notified of any contractors, subcontractors and material suppliers working on their property. This way, the person writing the check can keep records to make sure each contractor is paid their portion of the contracted price. If they pay an invoice received directly from a sub-contractor, that amount may be deducted from the balance paid to the general contractor. In turn, as each contractor is paid, most states require the contractor to sign a lien release.

 

Protection for Contractors

Paperwork is, for many contractors, a necessary hardship. It can be easy, especially for small businesses, to fall behind in paperwork such as invoicing and issuing pre-liens. It is especially important to issue pre-liens as required by law. As with any company, the amount owed to your company for completed work is considered an asset, and it may help to remember the old mantra: C.Y.A. – Cover Your Assets. Establishing a process to ensure pre-liens are submitted promptly can aid your cash flow and help reduce costly legal battles. If you are unsure of pre-lien requirements, detailed information regarding liens can be found with the county recorder where the work was performed. 

For property owners needing a contractor in the construction field and contractors interested in learning more, visit the Contractor’s Association of Minnesota online for contractors in your area and other resources related to construction in Minnesota.

2023-02-23T11:44:20-06:00

CAM partners with the DAV-MN, GAF and 10K Construction on Disabled Vet Roofing Project

 

CAM, DAV-MN, GAF and 10K Construction teamed up to give Chaska VFW Post Commander Rich Daniels and his family a new roof over their heads—just in time for the snowy winter season.

Besides leading the local VFW post, Daniels, 74, is a disabled Vietnam War veteran. Daniels was chosen for the new roof after Lauri Brooke, the executive director of the DAV MN Foundation, spoke with Dan Tengwall of Carver County Veteran Services. Tengwall suggested Daniels.

 

On Monday, Nov. 28, the Daniels’ home got a new roof for the first time since it was built in 1991. It was installed by 10K Construction with materials donated from GAF, North America’s largest roofing and waterproofing manufacturer. “It was definitely due for a replacement. It was a three tab shingle,” said Jake Iskierka, president of 10K Construction.

 

Last year, the Daniels’ were able to reinsulate the house. Now, with a new roof, their home will be even more energy efficient. “We plan on living here until we can’t anymore, It’s hard to accept the fact that we get this stuff… and a lot of [veterans] feel the same way,” Daniels said.

 

A huge thank you to everyone involved and it’s good to know that CAM and our members and partners can make a real difference in someone’s life.

2023-01-09T13:53:47-06:00

Help for Affordable Home Upgrades

As one year ends and another begins, a household may find itself with a little extra cash, and the question of home repairs may arise. Whether from annual employment bonuses, financial gifts, a tax refund, or basic frugality, spare funds may be invested in home improvements that can have substantial benefits. Some common upgrades considered are:

  • Appliances – dishwashers, water heaters, washers and dryers
  • Heating and air conditioning systems
  • Roofing and insulation
  • Siding

 

Finding the Funds

Recent years have seen increased energy and fuel efficiency in all appliances. These improved efficiencies result in lower carbon footprints and energy bills which can lead to significant financial savings over time. Unfortunately, many homeowners are not aware of public programs in place to help with appliance and home upgrades. These funds may be available in the form of rebates or low-interest loans to property owners and, in some cases, may cover the entire cost of the upgrade.

Gathering information about the various programs can be tiresome and frustrating, to say the least. Fortunately, the North Carolina Clean Energy Technology Center at NC State University created the Database of State Incentives for Renewables & Efficiency as a tool for learning what incentives are available across the United States. Each program or policy listed has information linked regarding requirements, contacts, and a general summary to explain the reasons for the funding.

 

Finding an Installer

Many publicly funded rebates have requirements that must be met to qualify for the program funds. One of the more common specifications is a list of approved appliances to be used. Additionally, there are times when the appliance or upgrade must be installed by a qualified technician or contractor, but no list of installers is provided. The Contractor’s Association of Minnesota maintains its list of contractors available to assist with home improvement needs. Contact the Contractor’s Association of Minnesota when you’re ready to get started on your New Year home improvements.

2023-01-09T11:12:42-06:00

Five Fall Housekeeping Tasks for a Great-Looking House Year-Round

These simple fall home maintenance measures can safeguard and beautify your home year-round. You can accomplish these tasks one at a time in the coming weeks. They are simple and will reassure you about your home’s safety during the hostile winter weather to come.

 

Clean Your Gutters

Clean gutters protect roofs and siding from moisture. On the other hand, overloaded gutters can rip away from the building and cause roof leaks and structural damage. So, clean your gutters before the season changes to prepare for the wet, frigid weather.

If you can securely access your gutters with a ladder, tackle the task yourself with work gloves and a garbage bag for the leaves, dirt and muck. You can remove whatever you cannot grab with your hands (like drain-blocking muddy silt or rotting leaves) by gently sliding a hand towel along the gutter bottom. Finally, flush the gutters with a garden hose to remove mud and ensure adequate drainage.

Do not put weight on gutters, climb on your roof or shake shingles. If you require professional gutter cleaning or repairs, call an experienced company.

 

Conduct a Roof Inspection

Your roof keeps the elements out and protects your family. A successful fall strategy usually involves a roof health assessment.

To avoid shingle damage and injury, examine your roof from the ground. Walk around your property with binoculars to check the top for problems. Look for:

  • Missing, cracked, curled or discolored shingles
  • Debris-blocking ridge and eave vents
  • Stains in the attic signal a roof leak (mildew, watermarks, etc.)

When in doubt, a CAM-certified roofing contractor can provide an expert diagnosis and identify problems before they require costly repairs.

 

Weatherproof Your Home

Drafty windows and doors are easy to weatherproof. A properly air-sealed home can reduce heating and cooling costs by as much as 20%, saving you money while keeping your family comfortable.

First, inspect the condition of the weather stripping on all the windows and doors. The weather stripping should contact and compress against both surfaces. If not, replace it. Also, check the garage door because cold winter air can seep in from the garage.

 

Ready the Lawn

Rake leaves and trim potentially damaging tree limbs or bushes that can break away during a storm and damage your house.

 

Shut Off Outdoor Water Sources

Outdoor faucets, pipelines and irrigation drip lines expand as water freezes. To prevent damage by frozen pipes, shut off water valves for exterior faucets and irrigation drip lines. Also, remember to program your sprinklers to turn off before winter strikes.

 

Do You Need Help Preparing Your Home for Winter?

If you need a hand with your fall housekeeping tasks, contact a CAM-approved contractor immediately – winter is right around the corner!

2022-12-05T11:18:05-06:00

Understanding the Risks of Construction Liability

The construction industry takes several precautions to guarantee the safety of the public and its personnel during construction. However, there are several risks and dangers inherent in the construction industry, and it is your responsibility as the project owner to constantly monitor the site and report any concerns to the appropriate authorities so that you may always maintain the workers’ health and safety. Furthermore, the associated costs will be your responsibility to pay in the event of an accident or injury. For this reason, construction firms need to have liability insurance.

 

A Definition of Construction Liability Insurance

“Construction liability insurance” is a broad term for numerous policies that help reduce the risks of building. In the event of property damage, worker injury, or public injury, a builder may rest easy knowing their construction liability insurance policy covers them. However, without this safety net, you will have to pay for unanticipated costs yourself.

Insurance company policies are typically flexible, and you can purchase plans that only cover the necessities. However, cheaper insurance coverage may not protect your business enough in the event of a claim, so keep that in mind. 

Always seek the counsel of an insurance broker, as they will be in the best position to advise you on the type of coverage most suited to your requirements and to negotiate favorable terms on your behalf. Also, before you buy construction liability insurance, you should read the policy information carefully to find out what is covered and what is not.

 

Using an Insured and Reputable Contractor Protects You from Liability Risks

There are always dangers present throughout building projects, even when every precaution is taken. You will not have to worry about covering the costs of a disaster if you have the right insurance. Doing so can keep the project profitable and make clients comfortable hiring you. In addition, you can join the Contractors Association of Minnesota (CAM) to enhance your public image as a contractor further.

The public sees members of a contractor’s association like CAM as reputable. Such firms are dedicated and constantly learning about the latest advancements. They also have better access to legal counsel, making them more likely to have good construction liability insurance. Contact CAM immediately to join and set yourself apart from the competition while getting information that will help your business.

2022-12-05T11:18:12-06:00

Benefits of Becoming a Member of a Contractors Association

If you want to distinguish yourself in the construction industry, joining a contractors association is the way to do it. 

There are several benefits to joining one. For example, you gain access to resources like legal counsel and the latest advances in materials and methods. You can also make connections with other dedicated professionals and more. A few other advantages of becoming a member of a contractors association are listed below.

 

Acknowledgment in One’s Field

Becoming a member of a state construction group like the Contractors Association of Minnesota (CAM) is a fantastic way to establish credibility and trust with clients. In addition, it demonstrates that you are a reliable contributor to the community by employing locals and doing business with them.

Showing others that you are a seasoned professional and not just floating through the neighborhood will reassure potential clients who are hesitant about hiring a contractor or independent construction worker.

In a related manner, membership in a professional construction group is indicative of honest dealings and a commitment to quality workmanship. Therefore, customers are more likely to do business with people who are members.

 

Support System

Competition and high expectations in the construction sector can be daunting. However, organizations can offer members instant access to resources that can help immediately. The association also provides invaluable opportunities for personal and professional growth through interaction with like-minded individuals.

Being part of a group of individuals who share your professional interests can be very helpful, whether you are just starting in Minnesota or searching for a sense of camaraderie in your sector.

There are many kinds of help that trade groups can give. For example, it can enter the political sphere if necessary, advocating before state and federal lawmakers for legislation that might benefit their sector. Also, it makes public service announcements highlighting concerns crucial to the building industry.

 

Staying Informed

Contractors associations are excellent resources for in-depth knowledge of the field. Understanding and adapting to the ever-evolving dynamics of one’s domain is crucial to long-term success.

 

Make the Most of Being a CAM Member

Making the most of your membership requires putting it in the spotlight with prospective clients, taking advantage of learning opportunities, and networking. Set yourself apart by joining CAM today.

2022-12-05T11:18:17-06:00

Asphalt Shingles – The Peak of Roofing

Throughout history, innovators have used a wide variety of materials for home roofing projects. Based on the supplies available, roofs have been covered with everything from grasses used in thatching and split bamboo, tiles made from clay, rock and even metal sheeting. Early in the twentieth century, asphalt shingles were invented, and in the 1920s, they became increasingly popular in a push to eliminate the fire hazard of wood shingles in construction. More than a century later, asphalt shingles continue to be a preferred material for roofing projects. 

Asphalt Shingles are Cost-Effective

According to Home Innovation’s Annual Consumer Practices Report, approximately 80% of roofing projects in the United States use asphalt shingles. Several factors influence asphalt shingling’s popularity as compared to other materials:

  • The starting cost per square foot is about half as much as wood, steel or concrete roofing.
  • The weight of an asphalt roof is considerably less than those of slate, tile or concrete, lessening the need, and therefore the cost, for roof reinforcements
  • Asphalt shingles are relatively easy to install. Some experienced homeowners choose to cut costs even further by installing themselves. However, it is highly recommended that a contractor be used, keeping safety and speed of installation in mind.
  • As with many markets, suppliers generally keep asphalt shingles in stock, ready for the consumer because they are in high demand. In contrast, other materials may need to be selected and ordered well ahead of the actual date of installation.

Asphalt Shingles are Recyclable

Many homeowners may not be aware that asphalt shingles can be recycled. On average, the shingles removed from a modern home can be processed and used to pave about 200 feet of a two-lane highway. Fortunately, there are a few locations in the Minneapolis area that accept shingles for recycling. In your search for a contractor, be sure to communicate your desire to have your roofing materials recycled if possible.

Design Options Galore for Asphalt Shingles. 

Regardless of the style of roof on your home, there is an asphalt shingle that will achieve the look you have in mind. Some architectural shingles are made to mimic cedar shakes, tile or slate roofing. They are available in an assortment of colors and textures, helping to tie all the elements of exterior home design together. 

The Contractors Association of Minnesota is a great resource for finding a roofing contractor or inquiring about any contracting question in the Minneapolis area. Email or give us a call when you’re ready to top off your roofing project.

2022-12-05T11:18:25-06:00
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