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Newsroom image for the post Employers and Coronavirus: A Brief Guide

Posted March 2, 2020 with Tags , ,

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

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 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

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.

Newsroom image for the post What Companies Should Know About CCPA

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.

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.

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