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Category: Legal Insights

Posted December 23, 2019

Private Foundation Tax Simplified and Lowered

On Friday, December 20, 2019, President Trump signed a $1.4 trillion spending package that included simplification of the taxes paid by private foundations.

Posted December 18, 2019

Federal Courts Turn Away Challenges to FDA’s e-Cig Regulations

On Monday, December 16, 2019, the U.S. District Court for the Southern District of Mississippi granted the U.S. Food and Drug Administration’s motion to dismiss a lawsuit filed by trade organization United States Vaping Association and Big Time Vapes, Inc., a vape store in Mississippi, challenging the U.S. Food and Drug Administration’s (FDA) authority to regulate e-cigarettes.

Posted December 6, 2019

ABA Opines on Lawyer Non-competes, But Does It Apply to In-House Counsel?

The American Bar Association just issued an opinion about what lawyers and law firms can and should do when lawyers move from one firm to another. A key point of the opinion is that, according to the ABA, “ethics rules do not allow non-competition clauses in partnership, member, shareholder, or employment agreements” among attorneys. Remember, though, that these rules may not be the ultimate authority in the in-house counsel context.

Posted October 24, 2019 with Tags

Overview for Employers: More State Pay Equity Laws Coming Online

New pay equity requirements have already taken effect in 2019 in Alabama, California, Connecticut, Delaware, Hawaii, Illinois, Oregon, and the State of Washington. And this trend isn’t slowing down, as even more requirements are slated to take effect in fall 2019 and beyond, including in Colorado, Oregon, New York, and New Jersey. Employers should take care to review their recruiting, interviewing, and other hiring practices—many of these new laws join the growing, nationwide trend banning pre-employment inquiries about salary history.

Newsroom image for the post Simplistic Pay Equity Analyses Doing More Harm Than Good

Posted October 23, 2019 with Tags

Simplistic Pay Equity Analyses Doing More Harm Than Good

In recent years, some investors have grown increasingly vocal about pay equity issues, with a few investor funds calling on companies to publish compensation data by gender. While the intentions are commendable, its approach is problematic because the median pay gap is easily misinterpreted as a measure of “all things being equal.”

Posted October 9, 2019

City of Minneapolis Releases FAQs and Rules for Wage Theft Prevention Ordinance

The Minneapolis Wage Theft Prevention Ordinance will go into effect on January 1, 2020, requiring employers to provide wage notices and comply with various recordkeeping requirements for employees who work at least 80 hours per year in the City of Minneapolis. We've highlighted the FAQs and Rules that differ from the guidance provided on the state wage theft statute

Posted October 7, 2019

MN Restaurateurs: Proposed DOL Tip Credit Rule Won’t Impact Unique MN Tip-Pooling Laws

The U.S. Department of Labor announced a proposed rule that would allow employers who do not take a tip credit to establish a tip pool to be shared between (1) workers who receive tips and are paid the full minimum wage and (2) employees who do not traditionally receive tips, such as dishwashers and cooks. While this is an important change to federal wage-and-hour laws, the critical point for Minnesota restaurateurs is that this proposed rule, if enacted, does not affect Minnesota’s unique tip-pooling laws and regulations.

Posted October 4, 2019

EEOC Finds Age-Restricted Advertisements Violate ADEA

Approximately two years ago, a number of employers received charges of discrimination alleging that they discriminated against applicants by restricting the recipients of employment advertisements on Facebook. The EEOC just found reasonable cause on the first seven such charges; and more probable cause determinations seem likely in the near future. Employers who have not yet been targeted should take steps now to prepare.

Posted October 1, 2019

Has the Dust Settled? Interpreting Minnesota’s New Wage Theft Law in the Face of Constantly-Changing DOLI Guidance

The Wage Theft Statute requires Minnesota employers to provide employees with a written notice outlining specific terms of employment, including things like the employee’s rate of pay, paid time off and vacation policies, and whether the employee is exempt from Minnesota’s minimum wage, overtime, and other provisions. The statute also adds requirements to recordkeeping, the frequency of pay, and earnings statements. Here are the basics of the new law.

Newsroom image for the post Five Tasks a Nonprofit Board Chair Should Own

Posted September 30, 2019

Five Tasks a Nonprofit Board Chair Should Own

Nonprofit Board Chair job descriptions usually include phrases like “facilitate consensus” and “ensure all voices are heard.” I agree with those job descriptions. In my experience, Board Chairs generally understand that part of the job. However, there is sometimes a disconnect between the Board Chair’s job description and the expectations of the nonprofit’s CEO/ED.

Newsroom image for the post DOL Announces Pay Thresholds for Overtime Exemption

Posted September 24, 2019

DOL Announces Pay Thresholds for Overtime Exemption

On September 24, 2019, the U.S. Department of Labor (DOL) announced its final rule regarding the salary threshold for exemption from overtime, raising the salary threshold to $684 per week ($35,568 annually) versus the previous $455 per week ($23,660 annually) amount that has existed since 2004. The effective date is January 1, 2020, meaning that employers must ensure that exempt employees’ salaries meet this threshold by the new year or transition them to non-exempt status with eligibility for overtime.

Posted August 14, 2019

Minneapolis Employers: Here Are Your New Obligations Under the City’s Wage Theft Ordinance

On August 8, 2019, the Minneapolis City Council joined the state of Minnesota in requiring wage notices. The ordinance—which goes into effect on January 1, 2020, and applies to any employers who have an employee who works at least 80 hours per year in the city—parallels the state wage theft statute in several respects, but also creates several new obligations.

Posted July 31, 2019

Minnesota DOLI Once Again Updates Wage Theft Q&A

Employers are now required to comply with the civil provisions of Minnesota’s Wage Theft Statute, which went into effect on July 1. The Minnesota Department of Labor & Industry (DOLI) updated its Wage Theft Q&A again this week. We’ve summarized the highlights of this update.

Posted July 11, 2019

Minnesota DOLI Updates FAQs and Wage Theft Notice Example

Employers are now required to comply with the civil provisions of Minnesota’s new Wage Theft Statute, which went into effect last week on July 1. This week, the Minnesota Department of Labor & Industry (DOLI) updated its Wage Theft Q&A, which has now grown to 45 questions, and its Employee Wage Notice example.

Posted June 27, 2019

What Employers Should Note about OSHA’s Phase 4

OSHA’s Standard Improvements Project Rule (Phase IV) was published in the May 14 Federal Register and is intended to remove or revise “outdated, duplicative, unnecessary and inconsistent requirements” in the agency’s safety and health standards.  This is the fourth review of this ongoing effort.  The goal is to “reduce regulatory burden while maintaining or enhancing worker safety and health and improving privacy protections."

Posted June 25, 2019

Minnesota DOLI Releases FAQ and Wage Notice Example for New Wage Theft Law

Employers face a tight deadline of July 1 to comply with the civil provisions of Minnesota’s new Wage Theft Statute. Late last week, the Minnesota Department of Labor & Industry (DOLI) issued a Wage Theft Q&A and an Employee Wage Notice example. We’ve summarized the highlights of the Q&A and the Employee Wage Notice example.

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