Posted January 6, 2022
MINNEAPOLIS (January 6, 2022) – Nilan Johnson Lewis, an innovative and independent law firm in Minneapolis, announces today two new shareholder promotions; Courtney Blanchard of the Labor and Employment group and Mai Lee Yang of the Corporate and Transactional Services …
Posted December 17, 2021
Minneapolis, MN—Nilan Johnson Lewis PA is thrilled to announce the addition of Kathleen Curtis to our Product Liability and Complex Torts practice area, where she will lend her litigation expertise to the group’s areas of personal injury, complex torts, product …
Posted December 1, 2021 with Tags COVID-19 for Employers, Employment law, COVID-19, Labor and Employment
Originally published 11/08/21. Updated 12/01/21. As expected, the OSHA Emergency Temporary Standard (ETS) faced immediate legal challenge, and on Saturday, the Fifth Circuit Court of Appeals issued a stay blocking the law from going into effect. Below, we outline the …
Posted November 29, 2021 with Tags COVID-19 for Employers
Work-For-Hire Doctrine Under copyright law, artists generally own the rights to the work they create. However, an exception exists when an artist’s work qualifies as a “work made for hire” under Section 101 of the Copyright Act. A work made …
Posted November 16, 2021 with Tags The Equal Pay Advisor
Over the last few years, employers across the United States have become accustomed to dealing with a patchwork of state pay equity requirements, including some that give employees the right to request and openly discuss and disclose their wages. A handful of states and municipalities have gone farther, enacting pay transparency schemes under which employers must affirmatively disclose the pay ranges for a position. States that impose some kind of pay transparency requirement include California, Colorado, Connecticut, Maryland, Nevada, Rhode Island, Washington. These states, and others, have recently adopted new or revised pay equity statutes imposing additional requirements upon employers.
Posted November 16, 2021 with Tags The Equal Pay Advisor
Employers in the not-to-distant past constructed pay scales based in part on the location of the employees. Employers routinely paid employees in New York City, San Francisco, and Los Angeles a premium. By 2021, however, the concept of a worksite has been exploded, and employees work virtually from across the country. This change has dramatic implications for employers analyzing whether to structure pay scales tailored to geographic locales.
Posted November 16, 2021 with Tags The Equal Pay Advisor
The COVID-19 pandemic has impacted many areas of the employment landscape. Job descriptions, essential functions, ADA accommodations, undue hardship, and Title VII religious accommodations are all areas that have been substantially impacted by the virtual work environment and the availability of mechanisms such as Zoom to substitute for physical attendance. Pay equity analyses are just the latest area to be impacted by the virtual environment. Employers may need to rethink how they conduct their pay equity analyses going forward.
Posted November 14, 2021 with Tags Corporate Immigration, Immigration Law
On November 10, 2021, the parties in Shergill, et al v Mayorkas reached an important settlement that now affords an automatic extension of employment authorization for up to 180 days in narrowly defined circumstances for H-4 and L-2 dependent spouses. In addition, …
Posted November 10, 2021 with Tags Corporate Immigration, Immigration Law
Spouses of H-1B and L-1 workers have long faced protracted delays by the U.S. Citizenship & Immigration Services (USCIS) in processing their work authorization (EAD) renewals. The wait has sometimes exceeded more than a year, resulting in the existing EAD …
Posted November 8, 2021
Minneapolis, MN—Minnesota-based national law firm Nilan Johnson Lewis (NJL) welcomes Sara Lewenstein as an associate to the Labor and Employment practice group. Sara joins the firm with comprehensive employment-related litigation experience, focusing her work on defending employers against claims of …
Posted November 1, 2021 with Tags Firm News
Congratulations to NJL’s Sheila Kerwin, who was honored as this year’s Nathan Fishbach Attorney of the Year by ALFA International. The award is given out each year to someone who exemplifies the “best attributes of an attorney.” Sheila is a …
Posted October 29, 2021 with Tags Nonprofits
For nonprofits and the lawyers who love them, 2020 and 2021 have been full of frustrating interactions with the IRS. Getting the IRS to acknowledge and respond to basic communications has seemed more difficult than in the past. That is …
Posted October 27, 2021
Updated 10/27/21 with new information from the Biden Administration The Biden Administration recently provided details regarding its plans to lift COVID-related travel restrictions for all international travelers to the United States. Implementation of the changes depends on the manner of …
Posted October 25, 2021 with Tags Corporate Immigration, Immigration Law
Last week, the U.S. Department of Justice and Facebook settled a U.S. worker discrimination lawsuit involving the recruitment practices of the social media giant in its sponsorship of foreign workers for permanent residence. At the same time, the U.S. Department …
Posted October 7, 2021
At the beginning of each federal fiscal year (October), the Department of State conducts a lottery called the Diversity Immigrant Visa Program. If a person is selected, they are eligible to submit an application for permanent residence (i.e., a green …
Posted September 20, 2021 with Tags Corporate Immigration, Immigration Law
On September 20, 2021, the White House announced plans to ease COVID-19 travel restrictions on international travelers coming to the United States. Beginning in early November 2021, the White House will rescind the current geographic-related travel bans imposed on certain travelers from China, Iran, the Schengen Area, United Kingdom, Ireland, Brazil, South Africa, and India.
Posted September 15, 2021 with Tags Nonprofits
A nonprofit recently settled with the Minnesota Attorney General due to conflicts of interest and allegations of self-dealing. While it may be easy to dismiss the settlement as an example of a sham nonprofit obviously intended to benefit the for-profit …
Posted September 13, 2021 with Tags Immigration Law
Extension of TPS On September 10, 2021, the Department of Homeland Security (DHS) published a notice in the Federal Register announcing the extension of Temporary Protected Status (TPS) designations and TPS-related documentation (EADs, Forms I-94, and Forms I-797) for El …
Posted September 10, 2021 with Tags Employment law, COVID-19, Labor and Employment, COVID-19 for Employers
On September 9th, President Biden signed two Executive Orders; one requiring COVID vaccines for federal employees and another ensuring adequate COVID safety protocols for federal contractors. The administration also announced plans to develop rules impacting private employers with more than …
Posted September 9, 2021 with Tags The Equal Pay Advisor
Effective October 1, 2021, Connecticut employers will face a host of new pay transparency obligations. In addition, they will need to analyze—and defend—pay difference under a new, more expansive framework. With respect to transparency, the new law will require employers …
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