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This Week in NJL Legal News

It has been a busy week for the attorneys at Nilan Johnson Lewis. In case you missed it, here is a recap of the media coverage and analyses on several hot-topic issues. Media Coverage Data privacy attorney Kate Andresen and Corporate and Transactional Services chair Heidi Christianson were featured in the Star Tribune on May […] More >

Navigating the ADA in the Digital World

“We’re talking about the virtual equivalent of a wheel-chair ramp,” Niska says. “Companies need to consider whether their sites are coded to allow screen text to be translated into synthesized speech in accordance with widely-accepted guidelines, and whether the sites are designed to be as user-friendly and navigable for persons with disabilities as they are for everyone else.” More >

Creative Solutions for Employers to Navigate Overtime Pay Changes

The new rules will undoubtedly cause many employees who have traditionally been paid a regular salary to transition to hourly employees with overtime (much to their chagrin). However, careful planning may avoid this pitfall. Employers who want to continue to pay employees falling below the new DOL threshold on a salary basis should be aware of two lesser-known methods of maintaining a compensation plan akin to a traditional salary for non-exempt employees. More >

Intangible Harm and Standing: Can Congress confer standing by authorizing statutory damages?

In enacting the FCRA, Congress created a damages scheme allowing plaintiffs to recover up to $1000 in statutory damages for willful violations of the Act, with no requirement that plaintiffs make a threshold showing of harm. Though the question in Spokeo focused on consumer reporting agencies, the issue has much broader application, including to employers obtaining pre-employment background checks. More >

Newly Enacted Defend Trade Secrets Act Gives Non-Compete Claims a Federal Forum

Unlike most intellectual property matters, which are protected by federal law, trade secrets have historically been the domain of states. However, new provisions to the Defend Trade Secrets Act (DTSA) – just signed into law May 11 by President Obama - signal an important change to this landscape. By providing a federal civil action to protect trade secrets, these new provisions, which take effect immediately, create significant new possibilities for the enforceability of employer/employee agreements. More >

UPDATE: New Minneapolis Paid Sick Leave Ordinance Proposed

The proposal affects all employees who perform full-time, temporary, and part-time work within the city boundaries - excluding independent contractors, certain construction workers, and casual health care providers, as defined by the ordinance. For employers, the proposal applies to Minneapolis companies with six or more employees as well as non-Minneapolis employers whose employees work at least 80 hours in the city during the calendar year. More >

2016 Upper Midwest Employment Law Institute

Employment law attorneys Joe Schmitt and Mark Girouard will be speaking at the 2016 Upper Midwest Employment Law Institute on May 23 & 24, 2016. The Institute, sponsored by Minnesota CLE, will feature two full days of comprehensive sessions exploring the latest in employment law. In addition to a speaking role, Joe has been part of the planning team for this event. More >

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