Category: Legal Insights

Posted March 25, 2020 with Tags Nonprofits, COVID-19

Can Nonprofits Use Their Endowment Funds to Assist Communities in the wake of COVID-19?

As the COVID-19 pandemic continues to impact all corners of life both locally and nationally, we have received questions from our nonprofit clients regarding the use of their endowment funds to help support their targeted communities. In addition to a quick review of Minnesota’s endowment fund law, we provide some action items to consider when faced with these spending decisions.

Posted March 25, 2020 with Tags Employers, Hospitality, Video, COVID-19 for Employers

COVID-19 Employment Law Q&A for Hospitality Minnesota: State and Federal Requirements Impacting Employers

NJL’s Joel O’Malley and Courtney Blanchard joined Emily Mauter of Hospitality Minnesota for a Q&A regarding labor and employment issues facing the Minnesota Hospitality Community.

Posted March 20, 2020 with Tags Employers, COVID-19, New York Employers, COVID-19 for Employers

New York Employers: New COVID-19 Paid Sick Leave Law Explained

On March 18, 2020, the New York State Assembly passed and Governor Cuomo signed into law a response to the novel coronavirus that provides certain employees sick leave and job protection in the event they are subject to quarantine or isolation due to an order by a public health official. The new law also expands protections to certain employees under the New York Paid Family Leave and the New York disability benefits law to provide some measure of salary continuation during a quarantine or isolation order period.

Posted March 19, 2020 with Tags Employers, COVID-19, COVID-19 for Employers

COVID-19 FAQs for Employers: Requirements for Federal Paid Sick Leave & FMLA

On March 18, 2020, President Donald Trump signed the Families First Coronavirus Response Act. The new law requires employers with fewer than 500 employees to provide paid FMLA and paid sick leave related to the current pandemic. We address some of the major requirements of the new law.

Posted March 19, 2020 with Tags Employers, COVID-19, California Law, COVID-19 for Employers

COVID-19 FAQs for Employers: Update on CA’s WARN Act

Update March 19: via emergency order, California modified notification requirements under the state’s mini-WARN Act retroactive to March 4, 2020, and extending through the duration of the emergency

Posted March 18, 2020 with Tags Employers, COVID-19, COVID-19 for Employers

COVID-19 FAQs for Employers: Update on Temporary Closures, Layoffs, and Leaves of Absence

In the last few days, Minnesota has closed schools, restaurants, theaters, fitness centers, and other gathering places (Emergency Executive Orders 20-02 and 20-04). Minnesota has also started to provide much-needed relief to Minnesota employers and employees facing the immediate loss of work because of COVID-19 (Emergency Executive Order 20-05), including making unemployment benefits immediately accessible rather than requiring a one-week waiting period for out-of-work individuals. Below, we answer some frequently asked questions we have received since these orders were issued.

Posted March 18, 2020 with Tags COVID-19, HIPAA

HHS Announces Limited Waiver of HIPAA Sanctions During COVID-19 Public Health Emergency

The U.S. Department of Health and Human Services (HHS) will not sanction or issue penalties against hospitals failing to comply with certain provisions of the HIPAA Privacy Rule during the COVID-19 public health emergency.

Posted March 17, 2020 with Tags Nonprofits, COVID-19

Minnesota Nonprofits and COVID-19: Special Considerations for Unemployment Insurance

With Emergency Executive Order 20-05, Minnesota Governor Walz provided much-needed relief to Minnesota employers and employees facing immediate loss of work because of COVID-19. The March 16th Order waives the one-week waiting period before individuals can be considered eligible for unemployment and relaxes otherwise strict requirements to maximize the chances that unemployed and underemployed workers receive benefits quickly

Posted March 13, 2020 with Tags Employers, COVID-19, COVID-19 for Employers

[UPDATED MARCH 18] Employers Ask: Can We Check All Employees for a Fever Before They Walk in the Door?

As businesses navigate the unprecedented waters surrounding COVID-19, some are considering using thermometers to screen employees and keep the workplace safe. But does the Americans with Disabilities Act (ADA) allow employers to check employees for a fever at the door? Right now, the answer is “yes.”

Posted March 12, 2020 with Tags Employers, COVID-19, COVID-19 for Employers

Coronavirus FAQs for Employers

The novel coronavirus (COVID-19) outbreak has created significant workplace concerns for U.S. employers. Companies are balancing the need to continue their operations against the desire to keep their employees safe. The Frequently Asked Questions below, and those answered by Courtney Blanchard on this news broadcast, address some of the more difficult employment law-related issues that have arisen as employers confront the coronavirus threat.

Posted March 10, 2020

Minnesota Restaurateurs: 5 Steps to Take Now to Avoid a Tip-Pooling Class-Action Lawsuit

Plaintiffs’ lawyers are exploiting Minnesota’s confusing tip-pooling laws to bring class-action lawsuits against restaurateurs. These cases entail substantial costs, both in defending them and in potential damages. Thankfully, restaurants can take proactive steps to address possible compliance issues to limit potential liability or to avoid a lawsuit altogether. Here are five actions restaurants can take now.

Posted March 6, 2020

NYC Employers: Watch For Proposed NYC Legislation Limiting the Use of AI in Hiring

New York City is considering proposed legislation that would regulate the use of artificial intelligence in hiring.

Posted March 4, 2020 with Tags Minnesota Tip-Pooling, Minnesota Tip Statute, Restaurants, Minnesota Restaurants

Minnesota Restaurateurs: Fix Your Tip Pools Before You’re Hit with a Tip-Pooling Class Action Lawsuit

Restaurants are getting hit with tip-pooling class action lawsuits. Now is the time to audit your practices, or, at the very least, review your tip pooling policies. This is especially important for Minnesota restaurateurs, as they face the difficult challenge of complying with the state’s unique tip-pooling statute—which is unlike federal laws and those of other states. Restaurants can make specific changes now to meet the law’s requirements and avoid class action litigation.

Posted March 2, 2020 with Tags Employers, COVID-19, COVID-19 for Employers

Employers and Coronavirus: A Brief Guide

The circumstances surrounding COVID-19 (commonly referred to as the “coronavirus”) are unfolding each day. Currently, there is no evidence of widespread transmission of COVID-19 in the U.S. Indeed, the Centers for Disease Control and Prevention (CDC) advise that most American …

Posted March 2, 2020 with Tags The Equal Pay Advisor

Charting a Safe Course into Equal Pay “Safe Harbors”

The rising tide of state pay equity legislation shows no sign of abating, with several new laws set to become effective in 2020 and 2021. Many of these laws differ from the federal Equal Pay Act by defining comparable work more broadly, limiting the factors on which employers can rely to justify pay disparities, and imposing additional penalties. A handful of the laws also attempt to balance these new burdens on employers by creating “safe harbors” for those who proactively assess and address their pay gaps.

Posted March 1, 2020 with Tags The Equal Pay Advisor

A Brief History of the Start-Stop-Start-Stop of the Revised EEO-1 Report

Check out this 2-minute video on what's going on with EEO-1 reporting.

Posted February 28, 2020

Minnesota to Ban All Non-Competes and Non-Solicits?

The Minnesota legislature is currently considering HF 3673, which purports to ban all non-compete agreements with all employees, and may also ban all customer non-solicit and non-disclosure agreements. The language of the bill—which currently has 30 co-sponsors—is confusing and internally contradictory, so its progress through the legislative process warrants close watching.

Posted February 14, 2020 with Tags Wage and Hour

California Employers: CA Supreme Court Takes Aim at Wage Laws, Contradicts Federal Law

California wage laws have taken another alarming departure from federal standards. The highest state court recently held in Frlekin v. Apple that non-exempt employees must be paid for the time their bags and personal belongings are inspected before leaving the office. According to the California Supreme Court, that time is compensable even though the employees brought the items voluntarily and for their own benefit. The determinative question for the court was whether they remained under the employer’s control during inspection time.

Posted February 6, 2020

What Companies Should Know About CCPA

The California Consumer Protection Act (CCPA) went into effect January 1, 2020, though the enforcement of the CCPA is delayed until July 1, 2020. The obligations set forth below will apply to all parties; however, the application to B2B or employer/employee situations are delayed for implementation until 2021. In the implementing regulations, the California Attorney General had hoped to provide clarity to CCPA, but there remain ambiguities.

Newsroom image for the post Recent IoT Class Actions Highlight Need for Manufacturers & Vendors of Connected Products to Be Aware of Liability Risks

Posted January 28, 2020

Recent IoT Class Actions Highlight Need for Manufacturers & Vendors of Connected Products to Be Aware of Liability Risks

The Internet of Things (IoT) products have become a way of life. There are huge benefits of “smart” products, which interact through the internet to gather and exchange data to provide additional functions, security, and easy use for consumers. These “smart” products are present in our everyday lives, including such standard products as refrigerators, watches, fire alarms, door locks, security systems, and fitness trackers. These are only a few examples of the many IoT products on the market today. However, in spite of the significant benefits provided by connected products, the new technology raises thorny legal issues and is leading to litigation.