Legal Insights

A Business Tip Before Tipoff: Minnesota Restaurants Face Compliance Issues for Tips During Final Four

As Minneapolis’ US Bank Stadium gears up to host its second national sporting event in over a year, nearby restaurants are looking to once again capitalize on the added foot traffic from the NCAA Men’s Basketball “Final Four” competition. However, Minnesota bars and restaurants need to think now about compliance with tip-pooling and service charge requirements to avoid litigation after the final buzzer sounds. More >

Department of Labor Proposes Latest Overtime Exemption Rules

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 >

U.S. Supreme Court Deems FELA Payments as Taxable

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 >

How Lawyers Can Act Ethically When it Comes to Social Media

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 >

Appellate Court Rules that Age Bias Disparate Impact Theory Pertains to Employees, Not Applicants

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 >

Minnesota Skiers and Snowboarders Now Liable for Injuries on the Slopes; Are Other Sports Next?

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 >