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Category: Legal Insights

Newsroom image for the post Goodbye, NAFTA.  Hello, USMCA.

Posted June 29, 2020 with Tags ,

Goodbye, NAFTA. Hello, USMCA.

On July 1, 2020, the United States-Mexico-Canada Agreement (“USMCA”) will enter into full force, when it will replace the North American Free Trade Agreement (“NAFTA”) as the primary agreement governing trade relations between the United States, Mexico, and Canada.  

Newsroom image for the post U.S. Supreme Court Rules to Uphold DACA Protections

Posted June 18, 2020 with Tags

U.S. Supreme Court Rules to Uphold DACA Protections

In a 5-4 decision, the U.S. Supreme Court issued today a legal defeat to the Administration’s termination of Deferred Action for Childhood Arrivals (DACA). The program (initially announced in June 2012) allows certain foreign nationals who were brought to the United States as children to request permission to remain in the United States (also known as deferred action) and work for a period of two years if specific requirements are met. An estimated 700,000 beneficiaries have received DACA benefits to date.

Posted June 16, 2020 with Tags , ,

The Impact of Bostock: LGBT Discrimination is Prohibited in Workplaces. Is Healthcare Next?

The Supreme Court has ruled in Bostock v. Clayton County, Georgia that Title VII of the Civil Rights Act of 1964 protects lesbian, gay, bisexual, and transgender (LGBT) individuals from being discriminated against in employment. The 6-3 opinion consolidates three cases from the Second, Sixth, and Eleventh Circuits, each of which involved individuals fired from their jobs because of either their sexual orientation or gender identity. Each case called the question: Is discrimination because of sexual orientation or gender identity a type of prohibited discrimination “because of sex” under Title VII?

Newsroom image for the post COVID-19: The Next Public Nuisance?

Posted June 5, 2020 with Tags , ,

COVID-19: The Next Public Nuisance?

Retail businesses and restaurants have been devastated by stay-at-home orders intended to combat the COVID-19 epidemic. As restrictions begin to loosen, businesses have more freedom to open their doors, but in doing so, face the risk of lawsuits brought by employees or customers who allege that they were exposed to COVID-19.

Newsroom image for the post MN Supreme Court Upholds “Severe or Pervasive” Standard in Sexual Harassment Claims

Posted June 4, 2020 with Tags ,

MN Supreme Court Upholds “Severe or Pervasive” Standard in Sexual Harassment Claims

On Wednesday, June 5, 2020, the Minnesota Supreme Court issued its long-awaited decision in Kenneh vs. Homeward Bound, Inc., upholding the “severe or pervasive” standard applied to sexual harassment claims due to hostile work environment under the Minnesota Human Rights Act (MHRA). The standard, adopted from parallel federal Title VII litigation, has been applied to hostile work environment claims under the MHRA for over 30 years. It confines actionable sexual harassment to severe (meaning bad) or pervasive (meaning frequent) conduct that sufficiently alters the conditions of employment.

Posted May 13, 2020 with Tags ,

Returning to Work: Health Checks & Compensable Time

After sheltering-in-place, remote working, and business closures, employers across the country have started planning to bring employees back to work. The first item of business is how to ensure the workplace is safe for employees and the general public. For this, many employers are turning to employee health checks.

Newsroom image for the post Avoiding False Advertising Claims During COVID-19

Posted May 12, 2020 with Tags ,

Avoiding False Advertising Claims During COVID-19

With the unprecedented steps being taken to slow down the spread of COVID-19, it is important that those companies whose products effectively kill or contain the spread of Coronavirus be able to market their products’ efficacy to consumers. It is equally important that unscrupulous companies not be allowed to capitalize on the current crisis by misleading desperate consumers into believing that their products are more effective at killing or containing the spread of the Coronavirus than they actually are.

Newsroom image for the post Employers: How to Avoid ADA Litigation in the COVID-19 Era

Posted May 7, 2020 with Tags ,

Employers: How to Avoid ADA Litigation in the COVID-19 Era

The COVID-19 pandemic and related "stay-at-home" orders have required changes to employers' everyday practices, impacting nearly all aspects of operations. Employers have worked hard to meet the demand for rapid flexibility in the interest of continuing operations and keeping their workforce safe and intact. For good reason, many of these policies (such as temporary remote work policies) may have been implemented outside of the traditional planning processes that employers use when rolling out new policies.

Newsroom image for the post Impact Analysis for Higher Education: Weighing Risks Posed by Demands for Tuition and Housing Refunds

Posted April 24, 2020 with Tags ,

Impact Analysis for Higher Education: Weighing Risks Posed by Demands for Tuition and Housing Refunds

“Stay-at-home” orders in response to COVID-19 have shifted learning from college classrooms to online platforms and emptied residence and dining halls. Campus administrators are responding to demands from parents and students to refund tuition, housing and meal plan costs, and student fees. Most institutions have adopted policies to reimburse prorated fees and expenses, but are not offering tuition refunds. For many families, this is not enough, and several have filed class-action lawsuits against the schools, with more likely to come.

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