Category: Legal Insights

Posted June 30, 2017 with Tags minimum wage ordinace, minneapolis minimum wage, mpls minimum wage

UPDATE: City of Minneapolis Passes $15 Minimum Wage

The Minneapolis City Council adopted a $15 minimum wage ordinance on Friday, June 30, 2017. Nilan Johnson Lewis attorneys have been following the ordinance closely and have updated a previous post with the changes voted on June 30. The passed …

Posted June 29, 2017 with Tags City of Minneapolis, City of Minneapolis minimum wage, city of minneapolis minimum wage ordinance, Minimum wage ordinances

City of Minneapolis Set to Adopt Minimum Wage Ordinance

The Minneapolis City Council is set to adopt a $15 minimum wage ordinance on Friday, June 30, 2017. The ordinance was updated after the City held hearings on June 22 and 28, thought most of the ordinance remains unchanged.

Posted May 31, 2017 with Tags 501(r), Fred Struve, Frederik Struve, Nonprofits

501(r) Audits Are Here: What You Need to Know

The Affordable Care Act imposed new requirements on tax-exempt hospitals under Section 501(r) of the Internal Revenue Code. Section 501(r) and its implementing regulations present a complex framework intended to promote “charitable” behavior by tax-exempt hospitals. By way of example, 501(r) requires a hospital to assess and address community health needs and to adopt billing and collection practices aimed at ensuring that patients who have a limited ability to pay for care are treated fairly.

Posted May 2, 2017 with Tags Courtney Blanchard, Equal Pay Act

“How Much Did You Make in Your Last Job?”

While cities and states are passing laws that ban employers from asking prospective employees about their past wages and benefits, a recent ruling in the Ninth Circuit made it easier to do just that.

Posted April 17, 2017 with Tags Courtney Blanchard

Paid Sick Leave Provisions in Washington State Leave Unknowns

he measure, known as Initiative 1433, was approved by Washington voters last November and will take effect on the first day of 2018. Initiative 1433 follows in the footsteps of similar initiatives in cities like St. Paul and Minneapolis.

Posted April 14, 2017 with Tags Bill Hittler, ERISA law

Short-Term Disability Claim Denial Based on Back Pain Claim Upheld – Medical Diagnosis Alone Insufficient to Support Claim

The District Court of Minnesota, in Braden v. ATT Umbrella Benefit Plan No. 3, 2017 WL 1047257 (D. Minn. Mar. 17, 2017), granted summary judgment under ERISA in favor of the plan in spite of medical evidence that the claimant could not work based on lumbar pain and degenerative disc disease. The decision is worth reading because of the court’s thoughtful assessment of the evidence and rejection of the notion that a person with a documented history of back surgery, reports of inability to sit at work and a supporting physician’s opinion is entitled to short-term disability benefits.

Posted April 4, 2017

With Trump in Office and Gorsuch on the Bench, Don’t Hesitate to Arbitrate

With dramatic changes recently occurring in the U.S. executive, legislative, and judicial branches, corporate lawyers are growing accustomed to “wait and see” approaches. Amidst all the uncertainty, arbitration agreements may be the one thing to advance proactively. Jeremy Robb and …

Posted April 4, 2017

The Toll of Executive Orders on Federal Contractors

When one administration ends and another comes in, employers are often left to wonder which direction the legislative winds will blow. One group often caught in the middle of the game is federal contractors who must comply with certain executive …

Posted March 28, 2017

Recalls: What Information Should Be On Your Social Media Forums?

With the increased number of recalls, there is a hot button issue facing manufacturers and retailers: going forward, should your company implement a practice that includes announcing all recalls on its Facebook, Twitter, and other social media websites? And more …

Posted March 28, 2017

The Changing “State” of Non-Compete Laws

The days of the “company man” are seemingly over. Employees are changing jobs faster and more often, and that means their knowledge – and potential trade secrets – are leaving with them. In response, employers are using non-competes more and …

Posted March 23, 2017

Inability to Sit in Sedentary Occupation– Sufficient to Prove Disability?

In a case of first impression, the Ninth Circuit Court of Appeals recently held that “an employee who cannot sit for more than four hours in an eight-hour workday cannot perform ‘sedentary’ work that requires ‘sitting most of the time.’” …

Posted March 13, 2017

Beating the Curve on Predictive Scheduling Laws

With cities like San Francisco and Seattle adopting predictive scheduling ordinances, should employers consider implementing strategies to get ahead of the growing trend? According to employment law attorneys from the Minneapolis-based Nilan Johnson Lewis, employers who choose to adopt flexible …

Posted March 7, 2017

“Comparable” is Key in Equal Pay

As more states pass stronger pay equity laws, employers need to be proactive about evaluating their practices. Recent laws passed in California, New York, Massachusetts, and Maryland, have expanded upon the federal pay equity laws to allow employees to more …

Posted February 9, 2017

Charities Participating in Policy and Protest: 2017 and Beyond

Recent demonstrations highlight a significant passion for expressing dissent and opposition to the Trump administration and its public policy positions. Given the dramatic increase in queries we have received from our clients around permitted political activities, a review of the relevant limitations imposed by federal regulations on charities (organizations described in Internal Revenue Code 501(c)(3)) seems timely.

Posted January 17, 2017

FAA Renews Commitment to Advancing Commercial Drone “Flight-Over-People” Rule

In its statement, FAA administrator Michael Huerta indicated that the agency is attempting to balance industry needs with safety and privacy concerns related to drone flights over people. However, the FAA promises to continue to move forward on this effort, recognizing its importance to many industries.

Posted January 11, 2017

Impending Legal Decision Creates More Uncertainty for Health Insurers

Could health insurers leave the commercial market before the end of their plan year? The question has become relevant in light of recent court proceedings (House v. Burwell) involving the Affordable Care Act. The federal government currently pays insurers to subsidize health coverage in what is known as cost-sharing reduction (CSR) payments.

Posted December 12, 2016

Considerations for Payors Regarding Tom Price’s HHS Secretary Appointment

On November 28, 2016, President-elect Donald Trump nominated current House Budget Chair Representative Tom Price for Secretary of Health and Human Services (HHS). Price introduced an Affordable Care Act (ACA) replacement plan in 2015 entitled the “Empowering Patients First Act” (EPFA). EPFA suggests extensive healthcare reform applicable to payors in both the public and private sectors. Upon his nomination for HHS Secretary, Price promised that the impending healthcare reform overhaul would bear significant resemblance to his 2015 proposal, which ran on a two-year implementation timeline. While Congress will present the ultimate reform initiative to Price to implement in his new role, Price’s past healthcare reform efforts, both via EPFA and other congressional activities, are likely to help shape the final decisions.

Posted December 1, 2016

Five Things Every Hospital Board Member Should Know About the Collection of Patient Debt

Hospital boards have a thousand moving pieces to watch. Boards are not supposed to understand the day-to-day operations of the hospital collection process. Rather, hospital boards are charged with ensuring that policies, processes and people are in place so that the hospital is in compliance with the rules, laws and agreements governing the collection of patient debt.

Posted November 23, 2016

CPSC Wins Decisively in Rare Decision Addressing Procedural Defenses to CPSA Enforcement Actions

On November 17, 2016, Judge William Conley of the United States District Court for the Western District of Wisconsin issued an opinion and order addressing rarely litigated procedural defenses to CPSA enforcement actions. The case, United States of America v. Spectrum Brands, Inc., No. 15-cv-371-wmc, involves allegations that Spectrum Brands, Inc. (“Spectrum”) violated the reporting requirements under section 15(b) of the CPSA by failing to immediately notify the CPSC of a potential defect in one of Spectrum’s coffee pot carafes that may pose a significant product hazard. The decision will be closely analyzed by product manufacturers, retailers, and legal practitioners alike, both because federal courts rarely issue opinions in CPSC enforcement actions and because Judge Conley roundly rejected Spectrum’s numerous procedural defenses.

Posted June 21, 2016

FAA Releases Finalized Operational Rules for Small Commercial Drones

the Federal Aviation Administration (FAA) finalized the much-anticipated rules for commercial use of small unmanned aircraft systems (UAS or drones). The rules were initially proposed in February 2015 and will now take effect in late August 2016. At that time, companies – ranging from real estate companies wanting to take aerial photography of properties to organizations wishing to inspect inventory or utilities – will no longer need to apply for an FAA Section 333 exemption for routine commercial drone use as long as their operations comply with the new rules.