Posted October 6, 2017
This week, California passed a law that delivers a major expansion of employee rights within the state. Once Senate Bill 306 goes into effect at the start of 2018, a court will be able to order immediate reinstatement of a whistleblower plaintiff if the plaintiff merely shows “reasonable cause” exists to believe the termination was unlawful.
Posted September 19, 2017 with Tags Allyson Petersen, Sheila Kerwin, Automated cars liability
Manufacturers and innovators of autonomous vehicles should consider implementing the best practices recently provided by the National Highway Transportation and Safety Authority—an accompaniment to legislation that is now in the Senate.
Posted September 5, 2017
The Trump administration announced it is rescinding DACA, or the Deferred Action for Childhood Arrivals, with Attorney General Jeff Sessions noting the Department of Justice could not defend the program in court. As a practical matter, DACA’s rescission will result in employers having to terminate the employment of members of the workforce. In doing so, employers must ensure any employment decisions are made based on actual knowledge of employment authorization and not suspicions or assumptions about an employee’s immigration status either from the employer or a manager.
Posted August 15, 2017 with Tags Katie Connolly, non-compete law, tortious interference claim
The Scenario: Your company has a great applicant for a job opening, Jane, but you learn during the interview process that Jane signed a non-compete agreement with her current employer. You can quickly spot some reasons why the non-compete is unenforceable. You acknowledge there is some risk in hiring Jane, though, including that her current employer may sue Jane for breaching the contract and your company for interfering with her contract—a tortious interference claim. So, now what? Setting aside Jane and her own legal risks, what specific steps should you take to set up your best defense to a claim that your company interfered with Jane’s contract?
Posted August 9, 2017
On August 9, 2017, the Minnesota Supreme Court redefined what “good faith” means under the 2013 amendment of the Minnesota Whistleblowers Act (MWA). In Friedlander v. Edwards Life Sciences, LLC, the Court concluded that its prior interpretations of "good faith" gave the phrase a meaning different from the definition provided in the 2013 amendment and, as a result, those prior decisions are abrogated. The Court reasoned that any other conclusion would render the "good faith" definition section of the 2013 amendment superfluous.
Posted August 2, 2017
On August 1, 2017, the New York Times reported that the Department of Justice plans to increase its focus on investigations and litigation regarding "intentional race-based discrimination in college and university admissions." The target? Affirmative action programs in college admissions.
Posted July 25, 2017 with Tags CPSC, DJ Warden, Brandie Morgenroth
On Monday, July 24, 2017, President Donald Trump announced his intent to nominate former New York Congresswoman Ann Marie Buerkle (Rep.) to be the Chairman of the Consumer Product Safety Commission (CPSC). If confirmed, she will begin a seven-year term on October 27, 2018, that will end in October 2025.
Posted July 24, 2017
In September 2016, the State of California enacted Labor Code Section 925, which received lots of buzz at the time for its potential to crumble employers’ ability to legally enforce non-compete agreements and other employment contracts involving individuals living and …
Posted July 24, 2017
Oregon lawmakers approved the nation’s first statewide measure requiring predictive scheduling for employees. Assuming Gov. Kate Brown signs as expected, the bill takes effect July 1, 2018, and requires large employers in the retail, hospitality, and food service industries to …
Posted July 24, 2017 with Tags Minnesota Tip-Pooling, employment law tip pooling
Minnesota restaurateurs face a unique state tip statute that makes it very difficult to ensure that tips can be pooled and divided among servers and non-servers.
Posted July 19, 2017 with Tags noncompete laws, california labor code section 925, noncompete
Many non-California employers view the enactment of California Labor Code Section 925 as destroying any possibility of avoiding the state’s restrictive covenants laws for California-based employees. But there is hope! With creative legal counsel, employers can draft agreements that do not implicate the statute and avoid its application in litigation.
Posted June 30, 2017 with Tags Lisa Schmid, minneapolis minimum wage, mpls minimum wage, minimum wage ordinace
The Minneapolis City Council adopted a $15 minimum wage ordinance on Friday, June 30, 2017. Labor and Employment attorney Lisa Schmid has been following the ordinance closely and has updated a previous post with the changes voted on June 30. …
Posted June 30, 2017 with Tags Employment law, wage and hour litigation, minneapolis employment law
With more than 13 years as a litigator, Andersen advises clients in all types of employment and wage-and-hour litigation, with extensive experience litigating in California.
Posted June 29, 2017 with Tags City of Minneapolis, Lisa Schmid, Minimum wage ordinances, City of Minneapolis minimum wage, city of minneapolis minimum wage ordinance
The Minneapolis City Council is set to adopt a $15 minimum wage ordinance on Friday, June 30, 2017. The ordinance was updated after the City held hearings on June 22 and 28, thought most of the ordinance remains unchanged.
Posted May 31, 2017 with Tags Heidi Christianson, Fred Struve, Frederik Struve, Nonprofits, 501(r)
The Affordable Care Act imposed new requirements on tax-exempt hospitals under Section 501(r) of the Internal Revenue Code. Section 501(r) and its implementing regulations present a complex framework intended to promote “charitable” behavior by tax-exempt hospitals. By way of example, 501(r) requires a hospital to assess and address community health needs and to adopt billing and collection practices aimed at ensuring that patients who have a limited ability to pay for care are treated fairly.
Posted May 3, 2017 with Tags Trial paralegal, Krista Narveson
Minneapolis-based law firm Nilan Johnson Lewis is pleased to announce Krista Narveson has joined its product liability team as a litigation paralegal. She will be contributing her considerable expertise and more than eight years in the legal profession to a range of work with the product liability team, from mass tort class actions to the defense of personal injury lawsuits.
Posted May 2, 2017 with Tags Courtney Blanchard, Equal Pay Act
While cities and states are passing laws that ban employers from asking prospective employees about their past wages and benefits, a recent ruling in the Ninth Circuit made it easier to do just that.
Posted April 17, 2017 with Tags Courtney Blanchard
he measure, known as Initiative 1433, was approved by Washington voters last November and will take effect on the first day of 2018. Initiative 1433 follows in the footsteps of similar initiatives in cities like St. Paul and Minneapolis.
Posted March 28, 2017
With the increased number of recalls, there is a hot button issue facing manufacturers and retailers: going forward, should your company implement a practice that includes announcing all recalls on its Facebook, Twitter, and other social media websites? And more …
Posted March 28, 2017
A recent Minnesota Court of Appeals decision reiterates the need for employers to provide a guaranteed benefit rather than an opportunity to receive a benefit in a post-employment restrictive covenant. In The Valspar Corp. v. Mueller, the Minnesota Court of …
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