Posted June 25, 2019
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.
Posted June 11, 2019 with Tags AI in hiring, algorithmic bias, artificial intelligence in hiring
As this Harvard Business Review article thoughtfully explores, artificial intelligence (AI) has the potential to decrease gender bias in hiring if it is properly trained and used...or to replicate existing workplace biases if it is not. With more employers using AI and other big data solutions in hiring, lawmakers and enforcement agencies, as well as plaintiffs' law firms, are increasingly focused on issues of “algorithmic bias.”
Posted June 10, 2019
Restaurant success used to be all about a winning menu, appealing décor and strong word of mouth. Nowadays, success also has a lot to do with compliance of labor and employment matters, as restaurants frequently find themselves at the center …
Posted June 6, 2019
Watch this two-minute video tip from Nilan Johnson Lewis litigator, Brandie Morgenroth, who discusses pointers when removing a case to federal court based on diversity jurisdiction when an LLC is involved. The citizenship of each LLC member is material for diversity jurisdiction and that information is often not publicly available. Morgenroth discusses steps you can take to find the information as well as demonstrating your due diligence to the court in your removal papers.
Posted June 5, 2019
On Jan. 25, 2019, the National Labor Relations Board (NLRB) issued an employer-friendly decision in SuperShuttle DFW, 367 N.L.R.B., No. 75 that added a wrinkle to the already complex patchwork of laws determining whether a worker is an employee or …
Posted June 4, 2019 with Tags Mark Girouard, artificial intelligence, artificial intelligence in hiring, AI in hiring
The Illinois legislature passed a bill on May 29, 2019, that would limit employers’ ability to use artificial intelligence (AI) in hiring. It seems likely that Governor Pritzker will sign it, since it passed unanimously in both houses.
Posted May 31, 2019
The City of Minneapolis announced on May 29 that it will require all employers located outside city limits to retroactively credit employees working in the city for paid sick time they have accrued since July 1, 2017.
Posted May 28, 2019
Plaintiffs’ wage-and-hour class action lawyers are constantly looking for new groups of employees whom they can claim are inappropriately classified as exempt. In previous decades, plaintiffs’ lawyers focused on mortgage adjusters, truck drivers, and assistant store managers. In 2019, plaintiffs’ lawyers are directing their attention to another group of employees: home health clinicians.
Posted May 21, 2019
Wage-and-hour class litigation tends to come in waves. In 2019, we are seeing another wave gather on the horizon: misclassification collective actions alleging that companies have improperly classified at-the-elbow (“ATE”) support workers as contractors and thus denied them the overtime required under the federal Fair Labor Standards Act (“FLSA”) and parallel state laws.
Posted May 20, 2019
Nilan Johnson Lewis President Heidi Christianson is being honored at the St. Paul Area Chamber of Commerce Executive Reception, alongside other Twin Cities new executives. The reception takes place on May 23, 2019.
Posted May 17, 2019
Labor and employment attorney Mark Girouard authored an article for The Journal of Robotics, Artificial Intelligence & Law on recognizing and managing the perils of using algorithms in recruiting and hiring.
Posted May 16, 2019
The conventional advice to manufacturers and retailers of consumer products when assessing a potential product safety issue is typically as follows: “When in doubt, report.” And while it is still generally good advice to err on the side of reporting potential product safety issues to the Consumer Product Safety Commission (CPSC), companies must be cognizant of the full magnitude of a decision to initiate a voluntary product recall. A new lawsuit filed last week in New York federal court illustrates why.
Posted May 15, 2019 with Tags The Equal Pay Advisor
Larger employers concerned about the deadline for submitting pay data to the Equal Employment Opportunity Commission (EEOC) recently learned that they must submit pay data by September 30, 2019.
Posted May 15, 2019 with Tags The Equal Pay Advisor
No area of labor and employment law has seen more state attention in the last two years than pay equity. California, New York, Massachusetts, and Maryland have passed legislation facilitating equal pay litigation and imposing additional regulatory requirements upon employers. 2019 promises to continue that trend.
Posted May 15, 2019 with Tags The Equal Pay Advisor
Equal pay issues are receiving a great deal of attention in the media, at regulatory agencies, and in various state legislatures. Given all this attention, it is unsurprising plaintiffs’ law firms have been quick to jump on the equal pay bandwagon. Experienced plaintiffs’ class action firms have launched a variety of equal pay class or collective actions against employers. And those law firms have deployed a sophisticated array of tools to prosecute those claims.
Posted May 10, 2019
On May 9, 2019, the 7th Circuit upheld the government’s Consumer Product Safety Act (CPSA) claims against Spectrum Brands, Inc. stemming from its failure to immediately notify the Consumer Product Safety Commission (CPSC) of a potential defect in coffee pots distributed by one of Spectrum’s affiliates.
Posted May 9, 2019
Lawyers generally believe non-competes don’t apply to the profession. That’s mostly true, including for in-house counsel. A recent court decisions calls this into question.
Posted May 8, 2019
Human resource departments nationwide are attuned to the California Supreme Court, which has received briefs and awaits argument later this year to address whether California’s generous wage-and-hour provisions apply to out-of-staters traveling to the state for work. Arising from claims …
Posted May 3, 2019 with Tags independent contractor, independent contractor status, independent contractor classificiation, worker classification
On Thursday, May 2, the Ninth Circuit issued a significant decision holding that the California Supreme Court’s recent Dynamex ruling applies retroactively.
Posted May 2, 2019
The enforcement and legality of arbitration agreements has been increasingly established over the last decade, starting with AT&T v. Concepcion in 2011 and more recently the U.S. Supreme Court’s ruling of Epic Systems v. Lewis in May 2018. As such, companies have grown to rely …
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