Category: Legal Insights

Posted May 15, 2019 with Tags The Equal Pay Advisor

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 The Equal Pay Advisor

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.

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.

Posted May 9, 2019

In-House Lawyers Can Be Subjected to Restrictive Covenant Agreements, A Recent Decision Suggests

Lawyers generally believe non-competes don’t apply to the profession. That’s mostly true, including for in-house counsel. A recent court decisions calls this into question.

Posted May 8, 2019

Plenty of Room at the HR California: Will Wage-and-Hour Laws in the Golden State Apply to Visitors?

Human resource departments nationwide are attuned to the California Supreme Court, which has received briefs and awaits argument later this year to address whether California’s generous wage-and-hour provisions apply to out-of-staters traveling to the state for work. Arising from claims …

Posted May 1, 2019

Employers Learn of September 30 Deadline to Submit Full Pay Data

Larger employers concerned about the deadline for submitting pay data to the Equal Employment Opportunity Commission (EEOC) recently learned that they must submit pay data by September 30, 2019.

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?

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 …

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 April 3, 2019

Is AI Innovation and Background Check Regulation Putting Employers on a Collision Course?

The use of artificial intelligence (AI) in hiring is growing at a furious pace. While AI can increase efficiencies, some business applications present significant legal risk. For example, using algorithms rather than people to score background checks and other data …

Posted March 27, 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.

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 …

Posted March 8, 2019

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 …

Posted February 28, 2019

Heath Care in the Minnesota Legislature: Update

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.

Posted January 25, 2019 with Tags ADEA claims, Mark Girouard, Villareal v. R.J. Tobacco Co., Age Bias Disparate Impact Theory, Age Discrimination in Employment Act, ADEA

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.

Posted January 24, 2019

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.

Posted January 18, 2019 with Tags trade secret lawyers, Katie Connolly, noncompete agreements, freedom to compete act, trade secrets, noncompete lawyers

“Freedom to Compete Act” Aims to Wipe Out Most Non-Compete Agreements

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.

Posted January 17, 2019 with Tags recruitment ad litigation, facebook ad claims, facebook litigation

Employers Should Immediately Review Recruitment Ad Practices Due to Facebook Class Litigation

A little over a year ago, three major employers—T-Mobile, Amazon, and Cox Communications—were sued for allegedly discriminating on the basis of age in the way they recruited new employees via Facebook. The plaintiffs’ lawyers targeted not only these three employers but also asserted claims against a “defendant class” of every employer that used age restrictions in their recruiting advertisements on Facebook. They also sent demand letters to scores of employers and filed charges of discrimination against yet more. Though the lawsuit and charge investigations are ongoing, the plaintiffs’ lawyers are now sending a new wave of demands to more employers and filing more charges of discrimination with the EEOC and state enforcement agencies. Employers who have not yet been targeted should take steps now to prepare.