Small Business Notes

Small Business Notes is a monthly newsletter that provides timely, accurate and useful information on topics of interest to small businesses in Minnesota.

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2016 Issues

March 2016
Will There Be A Reconsideration of State Sales Tax Collection by Out-Of-State Vendors? 

February 2016

U.S. Supreme Court Hears Oral Argument on Contract Set-Aside for Veterans

January 2016
Securities and Exchange Commission Releases Report With Recommendations for Changes to Definition of Accredited Investor

2015 Issues

December 2015

President Signs Tax Extender Bill 

Securities Law Changes found Deep in New Transportation Law 

November 2015  

U.S. Securities and Exchange Commission Issues Final Rules on Federal Crowdfunding Exemption 

Minnesota Department of Commerce Publishes Proposed Rules for Minnesota’s MNVest Crowdfunding Offerings 

Eighth Circuit Addresses Deference To Be Given To Administrative Agency’s Interpretation Of Its Own Rule 

September 2015 
New Federal E-Warranty Act Allows for Warranty Information Online

August 2015 
Federal Trade Commission Action Makes for a Cautionary Tale on Donation Based Crowdfunding 

July 2015

U.S. Department of Labor Indicates It Will Look at Compensability of Employee Efforts Involving Off-Schedule and Off-Premises Use of Electronic Devices

Proposed Rules Published on “White Collar Job Exemptions” to Salary and Overtime Requirements of Federal Fair Labor Standards Act

New U.S. Department of Labor Interpretation Addresses “Economic Realities” Test in Classifying Workers as Employees or Independent Contractors 

June  2015

Minnesota Enacts Equity Crowdfunding Legislation

Employer Motivation Not Knowledge Is Enough To Establish A Disparate-Treatment Claim Says U.S. Supreme Court 

May 2015  
Recent Case Involving Minnesota Business Highlights The Need To Understand Insurance Coverage 

April 2015 
Small Businesses Survive But Do They Prosper? The SBA's 2015 Profile for Minnesota 

March 2015 
U.S. Securities and Exchange Commission Votes to Approve Major New Regulation A + With Substantial Impact on Raising of Equity Capital 

U.S. Small Business Administration (SBA) Publishes Proposed Rule to Create Expanded, All-Agency Mentor-Protege Program for Small Businesses to Develop Capacity to Seek, Obtain, and Perform on Federal Contracts 

February 2015 
Minnesota Court of Appeals Determines Websites and Domain Names are Property Subject to Garnishment under Minnesota Law


U.S. Small Business Administration (SBA) Publishes Call for Proposals for Early Stage Investment Companies 

No Small Business Notes for January 2015

2014 Issues

December 2014 
U.S. Small Business Administration Releases 2013 Rankings for Small Business Lenders

November 2014
Major changes Possible for Franchisors in Light of National Labor Relations Board General Counsel's Position in McDonald's and Browning Ferris Matters 

September 2014 
IRS Letter Addresses Free Parking Fringe Benefit

July/August 2014 
National Labor Relations Board (NLRB) Reads Employee Code of Conduct Broadly in Determining Employer Engaged in an Unfair Labor Practice

Applications Being Accepted for Greater Minnesota Business Expansion Sales Tax Refunds

June 2014 
Securities and Exchange Commission Releases Two Interpretations Relating to Social Media and Online Electronic Platforms in Securities Offerings 

May 2014 
U.S. House of Representatives Committee on Small Business Holds Hearing on Whether Certain U.S. Small Business Administration Programs are “Necessary or Redundant Spending”

New Law Will Require Equal Pay Certification from Some State Contractors

New Law Creates Public Benefit Corporations in Minnesota 

April 2014 
Minnesota Adopts New Law on Formation and Operation of Limited Liability Companies 

New Minnesota Minimum Wage to Affect Most Employers  

U.S. Small Business Administration Eliminates Personal Resources Test for 7(a) Loans

March 2014
Minnesota Angel Tax Credit Extra Funding for 2014 Now Available

President Directs Review of Federal Overtime Regulations

Equal Employment Opportunity Commission Provides Guidance Documents for Employers on Religious Garb and Grooming in the Workplace

February 2014
Affordable Care Act's Employer Mandate Delayed Again

Eighth Circuit Reiterates That Bad Behavior and Unfortunate Outcomes Do Not Necessarily Rise to the Level of Employment Discrimination

No Small Business Notes for January 2014

2013 Issues

December 2013
Important Federal Tax Provisions of Benefit to Small Businesses Set to Expire December 31, 2013

Federal District Court Says Employer can Have Americans With Disabilities Act Liability for Exclusive Reliance on Medical Opinion Regarding Potential Employee's Ability to Perform Job Tasks

Special Update December 2013
On December 2, 2013 U.S. Supreme Court Declines to Review State Law Imposing Internet Sales Tax Collection Requirement

November 2013
Department of Employment and Economic Development (DEED) Publishes Notice of Proposed Rulemaking and Request for Comments on New Minnesota Job Creation Fund

New business starts Rebounded in Minnesota in 2012 But Jobs Followed More Slowly

October 2013
U.S. Securities and Exchange Commission Proposes Rules on Crowdfunding in Furtherance of 2012 JOBS Act 

Federal Trade Commission (FTC) to Conduct Study of “Patent Assertion Entities” in Response to Concern About “Patent Trolls” in Wireless Communications Sector

September 2013         
Office of Federal Contract Compliance Programs Issues Substantial New Rules Relating to Employment of Veterans and People with Disabilities by Holders of Federal Contracts

July/August 2013
U.S. Securities and Exchange Commission (SEC) Ends Prohibition on General Solicitation for Private Offerings Under Rule 506

U.S. Supreme Court Addresses Definition of “Supervisor” for Claims Under Title VII

New Publication To Guide Business Use of Social Media

June 2013
Feds, Minnesota, and Other States Prevail in Appeal of “Guaranteed Grant” Case

New Legislation for Employers: Criminal Background Checks, Payment of Wages, Workers’ Compensation

May 2013
Federal Trade Commission (FTC) Releases Staff Report on Proposed Amendments to Mail or Telephone Order Merchandise Rule

U.S. Small Business Administration Broadens Availability of Government Contracts for Women Owned and Economically Disadvantaged Women Owned Small Businesses

April 2013
Congressional Witnesses Chide Securities and Exchange Commission for Slowness in Development of Rules for Securities Law Amendments to 2012 JOBS Act

SEC Provides No-Action Letters to Two Online Venture Capital Operators But Limitations Remain

March 2013
U.S. Supreme Court Denies Certiorari of Appellate Decision on Language of Federal Research Tax Credit

USCIS Issues New Version of Form-I-9

New ICANN Trademark Clearinghouse Launched March 26, 2013

January 2013 Special Edition
Tax Code Provisions Beneficial to Small Businesses Survive New Tax Law

2012 Issues

November 2012
Eighth Circuit Addresses Worker Status Issue for Litigation Purposes.

October 2012
National Labor Relations Board Nixes Employee Handbook Requirement of Employee Courtesy.

September 2012
Small Business Administration to Take Substantial Hit if Budget Sequestration Occurs.

July-August 2012
U.S. Patent and Trademark Office Publishes Proposed Rules on New “First to File” Provisions of America Invents Act; Schedules Minnesota Roadshow on the Act.

Minnesota Angel Tax Credit Exhausts Funding; No New Certifications Until Fall of 2012.

U.S. Small Business Administration to Hold August 29 Webinar on Policy Changes Relating to Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs.

June 2012
Federal Communications Commission Harmonizes "Robocal" Rules with FTC Rule.

May 2012
Minnesota Supreme court Holds That Hostile Work Environment Claim Based on Sex Allowable Even When Offending Conduct is Not Sexual.

April 2012
President Signs Jumpstart Our Business Startups Act; SEC to Make Rules to Implement

March 2012
U.S. Department of Health and Human services (HSS) Publishes Rule on Creation of Insurance Exchanges under Patient Protection and Affordable Care Act.

February 2012
U.S. Equal Employment Opportunity Commission (EEOC) Offers Guidance on Earlier Discussion of Requirement of High School Diploma and the Americans with Disabilities Act (ADA).

January 2012
U.S. Small Business Administration (SBA) Publishes New Small Business Profile for Minnesota.

2011 Issues

December 2011
U.S. Small Business Administration (SBA) Proposes Rules Relating to "New Early Stage Small Business Investment Companies".

November 2011
U.S. Supreme Court Denies Review of Decision of 8th U.S. Circuit Court of Appeals on Definition of "Responsible Person" and "Willfulness" in Case Involving Federal Unemployment Taxes.

October 2011
National Labor Relations Board Delays Implementation of New Notice Requirement.

September 2011
On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act.

July-August 2011
2011 Legislative Amendments to Angel Tax Credit Requirements.

June 2011
New IRS Notice Provides Relief for Business Informational Reporting of Employer Provided Health Insurance.

May 2011
Banks Slow to Take Treasury Money for Small Business Lending.

April 2011
SEC Correspondence With Congress Speaks to Plans and Considerations in Easing Capital Formation.

March 2011
National Labor Relations Board (NLRB) Settles Social Media Charge.

February 2011
Eighth Circuit Addresses Issue of Company Owner's Responsibility for Payment of Employee Social Security, and Medicare Taxes.

January 2011
Governor Dayton Issues Executive Order Getting the Jump on Issue of Environmental Streamlining.