Author: Lynn Jackson

On December 3, 2024, a federal court in Texas issued a nationwide temporary preliminary injunction suspending enforcement of the Corporate Transparency Act, including the Beneficiary Ownership Interest (BOI) report filings. At this time, FinCEN, on its website, has advised that reporting companies are not required to file beneficial ownership information reports, but may do so on a voluntary basis. The Federal government has appealed the temporary injunction.

For the time being, reporting companies are not required to comply with the Corporate Transparency Act reporting requirements and deadlines. The ruling, however, is not a final determination of the Corporate Transparency Act’s constitutionality and enforceability. The ruling only temporarily halts enforcement of the Corporate Transparency Act while the case in the Texas federal Court proceeds.

At this time, Lynn Jackson recommends that owners of entities continue moving forward with collecting of beneficial ownership information for their entities in preparation for filing. Given FinCEN’s position that filings are not currently required, we are advising our clients that they are not required to complete filing with FinCEN at this time but should be ready to file quickly if the injunction is lifted; given the December 31, 2024 filing deadline for most existing entities if the injunction is lifted, there may not be much time to comply. As a result we recommend that entities put themselves in a position to be ready to file as expediently as possible if the injunction is lifted.

If you would like assistance with collecting information for a future filing or completing your filing with FinCEN during this suspended period or have questions about these requirements or changes, please reach out to us immediately so that we may adequately assist and advise you.

Effective January 1, 2025, South Dakota’s minimum wage for non-tipped employees will
increase by 30 cents per hour, rising from $11.20 in 2024 to $11.50 per hour. The state
minimum wage is increased annually, based on adjustments tied to the cost of living as
measured by the U.S. Department of Labor’s Consumer Price Index. The increase is
rounded up to the nearest five cents, and the state’s minimum wage cannot decrease.
Additionally, the minimum wage for tipped employees will be set at $5.75 per hour
starting January 1, 2025. Employers are required to maintain records of all tips received
by their employees, ensuring compliance with the wage standards.

Key Details:

• Effective Date: January 1, 2025
• New Non-Tipped Minimum Wage: $11.50 per hour (up from $11.20)
• Applies to: All non-tipped employees (independent contractors are exempt)
• New Tipped Minimum Wage: $5.75 per hour
• Exemptions: Apply to seasonal amusement or recreation establishments,
  babysitters, outside salespersons, training wages, apprentices, and individuals
  with developmental disabilities.
• Recordkeeping: Employers must track time worked and wages paid, as well as
  tips received by tipped employees.

Though South Dakota law does not mandate the posting of a minimum wage notice, the SD Department of Labor and Regulation provides one as a courtesy, and many employers choose to display it in visible areas (e.g., breakrooms or bulletin boards) or on the company’s intranet.

See the links below:

https://dlr.sd.gov/employment_laws/publications/min_wage_poster_2025_english.pdf
https://dlr.sd.gov/employment_laws/publications/min_wage_poster_2025_spanish.pdf

As Election Day approaches on November 5, 2024, South Dakota employers should ensure they understand applicable legal requirements surrounding employees’ time off to vote. As individuals will be voting for, among other offices, the President and Vice President of the United States, it is important that employers support their employees’ right to vote. Employers can request that employees vote prior to or after their work shift, as polls are open in South Dakota from 7 am to 7 pm. However, under state law, employees are permitted to take two consecutive work hours off to vote if their work schedule does not allow for two free consecutive hours before or after their scheduled work time during polling hours. In this situation, the employer is permitted to dictate the hours during which the employee may be absent and must pay the employee for two consecutive hours of paid leave at the employee’s regular hourly rate of pay in order to vote. If an employee is absent during work time to vote, the employer cannot make any deduction from the employee’s salary or wages on account of such absence, or otherwise penalize the employee. Employers who violate the statute can be found guilty of a Class 2 misdemeanor.

In light of the above, employers are encouraged to

• review their policies and procedures on time off to vote as soon as possible;
• update as necessary to be in compliance with applicable law; and
• be prepared in advance for employees’ questions on this topic.

Employers may wish to consider sending an email or other alert to employees on this topic soon to clarify the procedures for employees. This should assist employers and employees with a smooth process for an important day for our nation and encourage employees’ civic duty to vote.

Lynn Jackson announces the addition of two new associates, one in the Sioux Falls office and one in the Rapid City office.

Briana Geraets, a graduate of the USD Knudson School of Law, interned with Lynn Jackson and then continued working as a law clerk during her final year of law school. She is focusing her practice of law on civil litigation and family law in the Sioux Falls office.

Gabriele Sayaloune, a graduate of the USD Knudson School of Law, is also new to our Rapid City office. She is focusing her practice of law on estate planning in the Rapid City office.

1956-2024

Barbara Jo Anderson Lewis, 68, was born on April 9, 1956, in Rapid City, South Dakota, to Wayne R. and JoAnne Anderson.  She was the second of five children and grew up in town, and then at the ranch in Rapid Valley.  Barb was a helping hand on the ranch, working cattle and putting up hay the old-fashioned way.  She loved sharing stories of riding horses through the grasslands, avoiding snakes, and bonding with her siblings through it all.  When she visited home later in life, she would offer to help her father, Wayne, who always teased, “You forgot everything I taught you and now you talk back.” 

Barb’s early education was at White Eagle, a true country school.  She graduated from Rapid City Central in 1974, where she excelled in band and debate.  Barb then attended Black Hills State College, discovering her natural ability to argue and her strong analytical skills.   This led her to pursue law school at the University of South Dakota, where she earned her JD in 1984. 

While friends in high school, Barb and Mike reconnected at their tenth high school reunion.  Barb and Mike were married in Sioux Falls on December 21, 1985.  They were blessed with a son, Adam Theodore, on August 7, 1989. 

After law school, Barb blazed her path by becoming the first female attorney at the state’s oldest and largest law firm, Woods, Fuller, Shultz & Smith.  On the day Adam was born, Barb broke the glass ceiling by becoming the first woman partner at Woods Fuller. She continued her legal career in Fargo before finally joining Lynn Jackson in Rapid City in 2012, where she practiced until her passing. Barb was known as a tenacious but fair opponent. She was impeccable with her words.  Timeliness and respectfulness were truths she held dear. 

Barb was a friend, a colleague, a sister, a daughter, a wife, and a mother.  Her kindness, honesty, and appreciation for life touched everyone she met.  While she took her professional responsibilities very seriously, she always made time to travel, to try new things, and to enjoy the outdoors.  Barb cherished supporting Adam, whether it was through Scouting adventures like the Philmont trek in 2009 and the World Jamboree in 2019 or cheering for him in Taekwondo. She was a longtime member of PEO (serving as President of two different Chapters) and supported the Black Hills Boy Scout Council.  She was also a member of the Central Region Trust Fund Committee for the Boys Scouts of America and the Executive Committee of the BSA Central Region.  Barb served on and was chair of the Westhills Village Retirement Community Board of Directors. She was an avid reader with a voracious appetite for books.

Just as she began to enjoy preretirement activities, such as a European river cruise in 2022 with one of her siblings, Barb started experiencing early symptoms of ALS, or Lou Gehrig’s disease.  She faced her two+-year battle with the same grit and determination she brought to everything in life, never giving in and embracing every possible activity and treatment; including taking time for an Alaska cruise and a trip to see the New England colors. 

Barb died on July 27, 2024, while a resident of Westhills Village Healthcare. The staff there providing incredible support, and her family is forever grateful.  

Barb was preceded by the death of her father Wayne R. Anderson. She is survived by her loving and devoted husband Michael; her son, Adam (Jessica) Lewis; her soon-to-be-born grandson, Baby Boy Lewis; her puppy, Misty; her mother, JoAnne Anderson; her siblings Bruce Anderson (Martha), Jill Carpenter (Bryan), and Karen deWit (Damon), Doug Anderson (Kristin), and many nieces and nephews. 

A service will be held on Saturday,  August 3, 2024, at Faith Lutheran Church, in Rapid City at 11am, with visitation before and after the memorial service,  In lieu of flowers, a memorial will be established to the ALS Association and Westhills Village. If you have a charity you would prefer, please consider remembering Barb.

The Rapid City office of Lynn Jackson is pleased to announce Attorney Kyle Krause joined the firm as of October 1, 2023. Kyle focuses his practice on family law, including divorce, spousal support, child support, child custody, and adoption. Kyle is a court-approved mediator in the seventh circuit, and he is regularly appointed to represent children and parents in abuse and neglect proceedings.

Learn more about Kyle here.

Gene Lebrun was born in Langdon, North Dakota on July 4th,1939 to Jules and Marie Lebrun.  He grew up working on his father’s farm, along with two brothers and four sisters.  He spent many hours driving farm vehicles and never lost his love of driving.

First grade was in a one-room country school.  In Gene’s second grade, the Lebrun children transferred to St. Alphonsus School in Langdon, where Gene graduated from high school in 1957.  In high school he was active in the Student Council (President), the school yearbook (co-editor) Future Farmers of America (Reporter), varsity basketball, and other activities.

Gene attended St. John’s University in Collegeville, Minnesota, graduating with a BA degree in political science and a minor in history in 1961. While at St. John’s he joined the Young Democrats becoming President during the 1960 -1961 school year.

After graduating from St. John’s in 1961 Gene went to work for the Social Security Administration in Sioux City, Iowa.  He returned to North Dakota to assist in the fall harvest before beginning law school at the University of North Dakota.

Gene graduated with a J.D. degree from the UND School of Law in 1964. While in law school Gene wrote for the Law Review and represented UND in the First Appellate Moot Court Competition and the National Law Students Annual Meeting in San Francisco.

Gene and Pat Olson were married in 1963 in Langdon, North Dakota, and moved to Rapid City, South Dakota in 1964, where their two sons Mike (in 1967) and Ken (in 1969) were born.

Gene joined the law firm of Whiting, Lynn, Jackson & Shultz, now Lynn, Jackson, Shultz & Lebrun, P.C., where he practiced law until his retirement.

Gene spent his forty-eight years in the general practice of law primarily engaged in representing business clients and advising on intellectual property matters, educational law, and utility law. He was a member of the American Bar Association, the American Board of Trial Advocates, the Fellows of the American Bar Foundation, the American Law Institute, and the National Conference of Commissioners on Uniform State Laws. Gene was the 2004 recipient of the prestigious McKusick award which is given by the USD Law Student Association to a member of the South Dakota Bar for their contributions to the legal profession.   

Gene was elected to the South Dakota House of Representatives in the fall of 1970.   After being re-elected in 1972, he was elected Speaker of the House, one of the youngest Speakers in the country. The 1973-1974 Sessions had an equal number of Democrats and Republicans in the State House with Representative (now Judge) Larry Piersol as the Democratic Leader and Representative Joe Barnett as the Republican Leader. Cooperation, coordination, and negotiated compromises were the order of the day.

Major legislation passed when Gene was Speaker included the creation of the South Dakota Investment Council, the South Dakota Environmental Protection Act, and the Unified Judicial System.  The legislature also passed the Equal Rights Amendment which was rescinded in 1979.  Transparency reforms that are still celebrated today were also enacted during Gene’s tenure.

In 1976 Governor Richard Kneip appointed Gene to the Uniform Laws Commission (ULC), a renowned national organization dedicated to promoting uniformity among state laws.  He remained a South Dakota Commissioner until his death.  He was passionately involved in the ULC, serving as Chair of the Executive Committee (1995–1997) and President (1997-1999). 

Senator Tom Daschle, Majority Leader of the U.S. Senate, appointed Gene to the Advisory Commission on Electronic Commerce as part of the Internet Tax Freedom Act in 1998.  He also was a member of the South Dakota Streamlined Sales Tax Task Force and spoke around the country and internationally about internet transaction taxation.

Gene was a member of the South Dakota School of Mines & Technology Foundation since 1971 and Chairman of the Board of Directors from 1985 to 1989. He served on the Mount Rushmore Society Board of Directors from 2006 to 2019 and as President from 2009 to 2011. He was on the Westhills Village Retirement Community Board of Directors from 1979 to 2014 and chairman of the Board from 1993 to 1994.  He was a member and president of the Westhills Village Foundation board.  He was inducted into the South Dakota Hall of Fame in 2012.

A consistent theme in Gene’s life was his commitment to honorable and ethical public service and his determination to be an engaged and active citizen at the local, state, and national levels. He was a great role model to his sons, daughters-in-law, and grandchildren, and we are all better for what he accomplished and the example he set.

Gene had a lifelong love of learning and was a voracious reader.  Given his interest in leadership and government and politics, he enjoyed political biographies.  He set out to read at least one biography of each U.S. president, amassing an impressive library along the way and sharing his insights with family and friends.  He followed the news and current events avidly. Gene had strong opinions but was always interested in hearing what others had to say.  His persuasive skills were impressive, but he never went into a discussion with a closed mind.

In the course of his work and public service endeavors, Gene traveled extensively around South Dakota and the United States.  He was a million-mile flyer on United but really loved a long drive in a good car.  He and Pat also enjoyed the opportunity to travel extensively in Asia, North Africa, and Europe.

Gene will be remembered fondly by his wife of 60 years Pat, his sons: Mike, wife Beth, and their adult children, Kate, Nick, and Anna; and Ken, his wife Laurie, and their adult children, Sylvan and Max; siblings Dr. Richard Lebrun; Jan Kaylor; Carol (Jerry) Casey; Yvette (Dave) Krech; and Yvonne (Jerry) Lorenz.

Gene was preceded in death by his parents Jules and Marie Lebrun and brother Robert Lebrun.

1964-2023

In the early morning hours of April 2, 2023, our colleague and friend, Steve Oberg, died of malignant melanoma.  He was 59 years old.  Steve is survived by his wife Racheal, his children Jack, Tess, and Meg, and his bonus children, Jordyn, Kaite, Jake, and Zach.  

Steve was born and raised on a farm near Colton, South Dakota.  He graduated magna cum laude from the University of South Dakota and received his law degree from the University of Minnesota, graduating cum laude in 1990.  Steve began and ended his legal career at Lynn Jackson, first in the Firm’s Rapid City office, where he practiced from 1991 until 2017, when he moved to Sioux Falls and continued practicing out of the Firm’s Sioux Falls office until recently. Steve was a litigator.  He loved analyzing facts and the law, loved hashing them out with others, and he loved trial work, where he excelled.  Steve successfully litigated a number of commercial and personal injury cases, both for plaintiffs and defendants.  Regardless of whose side he was on, he zealously advocated for them.  During his career, Steve was given many awards and recognitions, including being named to the list of Best Lawyers in America® in the areas of personal injury, products liability, commercial litigation, and insurance litigation, and being named a member of the American Board of Trial Advocates (ABOTA).  

Steve loved the beautiful Black Hills, where he would often ski at Terry Peak or hike many of its trails and hills, including Black Elk Peak.  Steve was a talented musician, playing guitar or harmonica around the campfire and oftentimes accompanied by his kids.  Steve and Racheal were avid fans of their kids’ sporting teams, especially hockey and baseball, and his family loved the outdoors, spending much of their free time fishing, boating, kayaking, canoeing, hunting, skiing and hiking many of the country’s national parks.  Steve and Racheal recently took the trip of a lifetime to Africa, where they summited Mt. Kilimanjaro.  Steve was always so proud of Racheal’s and their kids’ many accomplishments, often regaling his colleagues with stories of their many adventures and activities.  As partner Tom Fritz said, “Steve’s excitement was contagious.”  

Steve was often accompanied in the office by his loyal dog, Geno.  After 32 years practicing law in South Dakota, Steve will be missed, not only by all his friends and colleagues at Lynn Jackson but by his friends and colleagues in the South Dakota bar and beyond.  Steve was a talented lawyer, and more importantly, a great friend, husband, and father.  Suffice it to say, Steve packed a lifetime of adventure into his short time on this earth.  We should all heed Steve’s recent advice to “take time to enjoy life.”