Posted March 19, 2020 with Tags California Law, COVID-19 for Employers, Employers, COVID-19
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
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
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 COVID-19, Nonprofits
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
![Newsroom image for the post [UPDATED MARCH 18] Employers Ask: Can We Check All Employees for a Fever Before They Walk in the Door?](https://nilanjohnson.com/wp-content/uploads/2020/03/shutterstock_1497587222-1-500x415.jpg "[UPDATED MARCH 18] Employers Ask: Can We Check All Employees for a Fever Before They Walk in the Door?")
Posted March 13, 2020 with Tags Employers, COVID-19, COVID-19 for Employers
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 COVID-19, COVID-19 for Employers, 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
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
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
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
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
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
Check out this 2-minute video on what's going on with EEO-1 reporting.
Posted February 28, 2020
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 26, 2020
Nilan Johnson Lewis has chosen shareholder Pablo Orozco to be a member of the 2020 class of Fellows, participating in a landmark program created by the Leadership Council on Legal Diversity (LCLD) to identify, train, and advance the next generation …
Posted February 14, 2020 with Tags Wage and Hour
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
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.
Posted January 28, 2020
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.
Posted December 23, 2019
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 23, 2019
It is a December miracle: late on Friday, December 20, 2019, President Trump signed a $1.4 trillion spending package that included the repeal of the nonprofit parking tax!
Posted December 18, 2019
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.
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