Legal Insights

Short-Term Disability Claim Denial Based on Back Pain Claim Upheld – Medical Diagnosis Alone Insufficient to Support Claim

The District Court of Minnesota, in Braden v. ATT Umbrella Benefit Plan No. 3, 2017 WL 1047257 (D. Minn. Mar. 17, 2017), granted summary judgment under ERISA in favor of the plan in spite of medical evidence that the claimant could not work based on lumbar pain and degenerative disc disease. The decision is worth reading because of the court’s thoughtful assessment of the evidence and rejection of the notion that a person with a documented history of back surgery, reports of inability to sit at work and a supporting physician’s opinion is entitled to short-term disability benefits. More >

Recalls: What Information Should Be On Your Social Media Forums?

With the increased number of recalls, there is a hot button issue facing manufacturers and retailers: going forward, should your company implement a practice that includes announcing all recalls on its Facebook, Twitter, and other social media websites? And more importantly, will doing so help protect it from CPSC scrutiny and potential penalties? Members of […] More >

City of Minneapolis Releases Draft FAQs for its Sick and Safe Time Ordinance

On March 15, the City of Minneapolis issued new guidance in the form of draft FAQs regarding its Sick and Safe Time Ordinance, scheduled to take effect July 1, 2017. The FAQsprovide some insight into the City's interpretation of the ordinance and its enforcement priorities. The City will accept comments about the draft-form FAQs from the public until Saturday, April 15. More >

What Should Employers Do When Their Employees Participate in a General Strike?

Proponents of social media have been calling for U.S. workers to walk off their jobs in a nationwide general strike on February 17 in light of recent political developments. Nationwide general strikes are common in Europe and in other countries around the world, but such an idea has never gained much traction in the United States. However, given the current political climate, employers should be prepared in the event workers decide to walk off the job. More >

Charities Participating in Policy and Protest: 2017 and Beyond

Recent demonstrations highlight a significant passion for expressing dissent and opposition to the Trump administration and its public policy positions. Given the dramatic increase in queries we have received from our clients around permitted political activities, a review of the relevant limitations imposed by federal regulations on charities (organizations described in Internal Revenue Code 501(c)(3)) seems timely. More >