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Category: Legal Insights

Newsroom image for the post DOJ Signals There Are Lawful “No-Poaching” Agreements

Posted April 16, 2018 with Tags ,

DOJ Signals There Are Lawful “No-Poaching” Agreements

In January 2018, the Department of Justice (DOJ) communicated that it would ramp-up criminal enforcement actions against companies that have no-poaching agreements, which in past years have been seen by the DOJ as a hall-pass allowing employers to avoid competing for workers, stifle demand in a market, and keep wages lower. A recent settlement with three employers, however, has reinforced the notion that not all no-poaching agreements are the same and helped define which kinds of no-poaching agreements may or may not lead to civil or criminal liability.

Posted March 8, 2018

DOL Creates Voluntary Program for Employers to Proactively Resolve Wage Issues

On March 6, the U.S. Department of Labor (DOL) announced a new pilot program for federal wage-and-hour compliance. The Paid Audit Independent Determination (PAID) Program offers employers the opportunity to self-audit their pay practices, resolve any violations, and obtain releases from those claims from employees.

Posted February 16, 2018 with Tags , ,

What Employers Need to Know About the Austin, TX Paid Sick & Safe Leave Ordinance

In the early hours of February 16, 2018, Austin, Texas, became the first Southern city to pass a paid sick and safe leave law. The final version is slated to go into effect on October 1, 2018, for most employers, although employers with five or fewer employees have a reprieve with an October 1, 2020, effective date. Opponents are already discussing potential preemption legislation, and so it remains to be seen whether the ordinance will go into effect or for how long.

Posted December 21, 2017

Top Ten Laws Affecting California Employers in 2018

The California legislature and governor have had another busy year adding new laws and regulations for California employers. The changes hit virtually every aspect of the employment relationship – including applications, leaves of absence, wage-and-hour, discrimination, retaliation, immigration, and workplace notice requirements. Many new laws expand existing requirements to a broader array of employers. Here are the top ten laws requiring immediate attention for employers to comply.

Posted December 15, 2017 with Tags

Are Your Social Media Recruitment Practices Discriminatory? Employers Facing Age Discrimination Class Actions

Plaintiffs’ lawyers currently are threatening employers that recruit new employees via social platforms—Facebook, LinkedIn, etc.—with age discrimination class action lawsuits. The plaintiffs’ lawyers aggressively demand an immediate response to their letter, production of information related to the online recruitment efforts, and a quick resolution of their alleged claims (i.e., pay a substantial settlement). Class-wide liability, were the claims to be successful, could be substantial, so this issue warrants immediate attention even if you have not yet been threatened with litigation. We have analyzed the possible legal claims and have developed a method to assess an employer’s potential liability.

Posted December 13, 2017 with Tags ,

One Resolution Employers Don’t Want for the New Year

Heightened by an increase in social activism and the #metoo movement, many publically traded companies – especially those in the technology and retail sectors – may find themselves facing a New Year’s resolution they’d rather not have in 2018: a shareholder resolution demanding public disclosure of detailed information about gender pay differences.

Posted November 20, 2017 with Tags ,

Minnesota Restaurateurs: Get Compliant with Tip Statutes Before Super Bowl LII

Super Bowl LII at U.S. Bank Stadium presents a great opportunity for Minneapolis restaurateurs to generate significant income from parties hosted before and during the big game. 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 Super Bowl parties should prepare now to meet the law’s requirements and avoid litigation after the Super Bowl LII victor is crowned.

Posted October 26, 2017

Trump Speeds Up Commercial Drone Integration

At least five drone programs will be selected to test out an innovative public-private integration because of a memorandum signed by President Trump this week to speed up the use of drones for commercial purposes.

Posted October 6, 2017

California Whistleblowers Gain Easier Route to Reinstatement

This week, California passed a law that delivers a major expansion of employee rights within the state. Once Senate Bill 306 goes into effect at the start of 2018, a court will be able to order immediate reinstatement of a whistleblower plaintiff if the plaintiff merely shows “reasonable cause” exists to believe the termination was unlawful.

Posted August 15, 2017 with Tags , ,

The Questionable Non-Compete: How to Hire Someone but Avoid a Tortious Interference Claim

The Scenario: Your company has a great applicant for a job opening, Jane, but you learn during the interview process that Jane signed a non-compete agreement with her current employer. You can quickly spot some reasons why the non-compete is unenforceable. You acknowledge there is some risk in hiring Jane, though, including that her current employer may sue Jane for breaching the contract and your company for interfering with her contract—a tortious interference claim. So, now what? Setting aside Jane and her own legal risks, what specific steps should you take to set up your best defense to a claim that your company interfered with Jane’s contract?

Posted August 9, 2017

MN Supreme Court Redefines “Good Faith” Under MN Whistleblowers Act

On August 9, 2017, the Minnesota Supreme Court redefined what “good faith” means under the 2013 amendment of the Minnesota Whistleblowers Act (MWA). In Friedlander v. Edwards Life Sciences, LLC, the Court concluded that its prior interpretations of "good faith" gave the phrase a meaning different from the definition provided in the 2013 amendment and, as a result, those prior decisions are abrogated. The Court reasoned that any other conclusion would render the "good faith" definition section of the 2013 amendment superfluous.

Posted August 2, 2017

DOJ to Scrutinize Affirmative Action Programs in Higher Education

On August 1, 2017, the New York Times reported that the Department of Justice plans to increase its focus on investigations and litigation regarding "intentional race-based discrimination in college and university admissions." The target? Affirmative action programs in college admissions.

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