Skip Navigation or Skip to Content

Category: Legal Insights

Posted May 28, 2019

Home Health Care Misclassification Lawsuits Rising

Plaintiffs’ wage-and-hour class action lawyers are constantly looking for new groups of employees whom they can claim are inappropriately classified as exempt. In previous decades, plaintiffs’ lawyers focused on mortgage adjusters, truck drivers, and assistant store managers. In 2019, plaintiffs’ lawyers are directing their attention to another group of employees: home health clinicians.

Posted May 21, 2019

Tech Support Independent Contractor Class Claims Climbing

Wage-and-hour class litigation tends to come in waves. In 2019, we are seeing another wave gather on the horizon: misclassification collective actions alleging that companies have improperly classified at-the-elbow (“ATE”) support workers as contractors and thus denied them the overtime required under the federal Fair Labor Standards Act (“FLSA”) and parallel state laws.

Posted May 16, 2019

Liability for Allegedly Unnecessary Product Recall?

The conventional advice to manufacturers and retailers of consumer products when assessing a potential product safety issue is typically as follows: “When in doubt, report.” And while it is still generally good advice to err on the side of reporting potential product safety issues to the Consumer Product Safety Commission (CPSC), companies must be cognizant of the full magnitude of a decision to initiate a voluntary product recall. A new lawsuit filed last week in New York federal court illustrates why.

Posted May 15, 2019 with Tags

Colorado Joins Ranks of States Adopting Equal Pay Statutes

No area of labor and employment law has seen more state attention in the last two years than pay equity. California, New York, Massachusetts, and Maryland have passed legislation facilitating equal pay litigation and imposing additional regulatory requirements upon employers. 2019 promises to continue that trend.

Posted May 15, 2019 with Tags

Wave of Equal Pay Lawsuits Continues to Build

Equal pay issues are receiving a great deal of attention in the media, at regulatory agencies, and in various state legislatures. Given all this attention, it is unsurprising plaintiffs’ law firms have been quick to jump on the equal pay bandwagon. Experienced plaintiffs’ class action firms have launched a variety of equal pay class or collective actions against employers. And those law firms have deployed a sophisticated array of tools to prosecute those claims.

Newsroom image for the post 7th Circuit Affirms CPSA Penalties Against Spectrum Brands, Inc.

Posted May 10, 2019

7th Circuit Affirms CPSA Penalties Against Spectrum Brands, Inc.

On May 9, 2019, the 7th Circuit upheld the government’s Consumer Product Safety Act (CPSA) claims against Spectrum Brands, Inc. stemming from its failure to immediately notify the Consumer Product Safety Commission (CPSC) of a potential defect in coffee pots distributed by one of Spectrum’s affiliates. 

Newsroom image for the post Ask a Lawyer: As an Employer, What Are My Parental Leave Obligations?

Posted April 26, 2019

Ask a Lawyer: As an Employer, What Are My Parental Leave Obligations?

Question: One of my employees recently shared with me that she is expecting a baby. We’re a small, but growing company, with about 25 employees. I know we’re not covered by the Family and Medical Leave Act, but I want to make sure we handle everything in the right way. What are our obligations for parental leave, if any, and how do other companies handle that process?

Newsroom image for the post Candid Job Applicant Feedback: A Cool Favor That Can Put You in Hot Water

Posted April 17, 2019

Candid Job Applicant Feedback: A Cool Favor That Can Put You in Hot Water

For employers turning down applicants, frank feedback hasn’t exactly been standard protocol. Historically, employers have used boilerplate rejection letters, or simply silence, to turn down applicants. Yet whether it’s due to shortages in talent, generational changes in the workforce, online …

Newsroom image for the post Workplace Biometrics Put to the Test

Posted April 10, 2019

Workplace Biometrics Put to the Test

More than 10 years ago, the Illinois State Legislature passed the Biometric Information Privacy Act (BIPA), which requires private sector companies to gain authorization before collecting employees’ biometric data, such as fingerprints, iris scans, voiceprints and facial recognition. While the …

Posted March 25, 2019

Minnesota Restaurateurs: Get Compliant with Tip Statutes Before the Final Four

The Final Four at U.S. Bank Stadium presents a great opportunity for Minneapolis restaurateurs to generate significant income from parties hosted before and during the big games. With that opportunity, though, comes the challenge of complying with Minnesota’s unique tip-pooling statute—unlike federal laws and those of other states—and avoiding the potential for greater liability. Restaurants planning Final Four parties should prepare now to meet the law’s requirements and avoid litigation after the tournament ends.

Posted March 22, 2019

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.

Newsroom image for the post Department of Labor Proposes Latest Overtime Exemption Rules

Posted March 8, 2019

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 …

Scroll to the top of the web page anchor link.