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Category: Legal Insights

Posted July 24, 2017

Oregon Bill Mandating Predictable Schedules Expected to be Signed into Law

Oregon lawmakers approved the nation’s first statewide measure requiring predictive scheduling for employees. Assuming Gov. Kate Brown signs as expected, the bill takes effect July 1, 2018, and requires large employers in the retail, hospitality, and food service industries to …

Posted July 19, 2017 with Tags , ,

How Employers Can Avoid California Labor Code Section 925

Many non-California employers view the enactment of California Labor Code Section 925 as destroying any possibility of avoiding the state’s restrictive covenants laws for California-based employees. But there is hope! With creative legal counsel, employers can draft agreements that do not implicate the statute and avoid its application in litigation.

Posted May 31, 2017 with Tags , , ,

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.

Newsroom image for the post Short-Term Disability Claim Denial Based on Back Pain Claim Upheld – Medical Diagnosis Alone Insufficient to Support Claim

Posted April 14, 2017 with Tags ,

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.

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

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 …

Newsroom image for the post The Toll of Executive Orders on Federal Contractors

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 …

Newsroom image for the post The Changing “State” of Non-Compete Laws

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 …

Newsroom image for the post Beating the Curve on Predictive Scheduling Laws

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 …

Newsroom image for the post “Comparable” is Key in Equal Pay

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.

Newsroom image for the post FAA Renews Commitment to Advancing Commercial Drone “Flight-Over-People” Rule

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.

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