On March 7, 2019, the Department of Labor announced its latest proposed rulemaking regarding the salary threshold for exemption from overtime. The salary threshold has been $455 per week ($23,660 annually) since 2004. In 2016, the DOL attempted to raise the threshold to $913 per week ($47,476 annually), but following immense frustration from the business […] More >
Earlier this week, the United States Supreme Court issued an opinion in BNSF Railway Co. v. Loos, holding that a railroad’s payment to an injured worker for lost wages is taxable under the Railroad Retirement Tax Act (RRTA). In so ruling, the Court rejected the view previously expressed by the 8th Circuit Court of Appeals […] More >
Things are heating up in the Minnesota legislature for nonprofit health care entities. Here are breakdowns of local bills that may affect these types of businesses should they become law. More >
Product liability issues are mainly grounded in seldom-changing legal doctrines. However, manufacturers everywhere need to be aware of three relatively recent court rulings should they find themselves facing litigation in Minnesota, says product liability/mass tort attorney Cort Sylvester of Nilan Johnson Lewis in Minneapolis. More >
On January 29, the Ninth Circuit issued an important decision clarifying what can and can’t be included in the background check disclosures mandated by the Fair Credit Reporting Act (FCRA) and California’s Investigative Consumer Reporting Agencies Act (ICRAA). More >
Although most attorneys realize the law is a noble profession, there have always been those who compromise its integrity – sometimes capitalizing on or misleading others in times of misfortune. Legal ethics rules provide some guidance on how lawyers practice or market their services. However, new forms of communication and social media present evolving ethical challenges. More >
The 7th Circuit Court of Appeals ruled on January 23, 2019, that assertions of age discrimination arising from facially neutral hiring policies can be brought only by a company’s employees, not by job applicants. In Kleber v. CareFusion Corporation, the court agreed with recent rulings by other courts – most recently the 11th Circuit Court of Appeals in Villareal v. R.J. Tobacco Co. – holding that under the federal Age Discrimination in Employment Act (ADEA), only employees can state a claim that a company’s actions or policies resulted in an unlawful “disparate impact” due to age. More >
On January 23, the Minnesota Supreme Court issued a decision that impacts the assumption of risk for skiers and snowboarders within recreational areas. Since the early 19th century, Minnesota has recognized a doctrine about who is responsible for protecting against harm associated with activities that have well-known risks. The “doctrine of implied primary assumption” of risk states that when a person enters into an activity that has well-known risks that are either expressed or implied, the individual assumes the risks associated with the activity. However, the Minnesota Supreme Court decision in Soderberg v. Anderson held that collisions with other skiers or snowboarders is not a risk of the sport that participants impliedly assume. More >
More than a year since it began, companies both large and small continue to feel the impact of the #MeToo movement. Beyond auditing policies and sexual harassment training, the conversation has expanded to include pay equity. More >
In reaction to the recent proliferation of non-compete agreements, courts and legislatures are increasingly trying to find ways to limit their use. The latest attempt is at the federal congressional level. This week, Florida Senator Marco Rubio introduced the “Freedom to Compete Act” aimed at prohibiting non-compete agreements for lower wage workers. The Act would amend the Fair Labor Standards Act to ban non-competes for most non-exempt workers. More >
