Nilan Johnson Lewis Welcomes Sukanya Momsen
Minneapolis-based law firm Nilan Johnson Lewis is pleased to announce the hire of Sukanya Momsen as an associate. More >
Top Stories
Regulating the Car of the Future: NHTSA Delivers Guidance for Automated Driving Systems
Manufacturers and innovators of autonomous vehicles should consider implementing the best practices recently provided by the National Highway Transportation and Safety Authority—an accompaniment to legislation that is now in the Senate. More >
Minnesota Court of Appeals Issues Opinion on Minneapolis’ Contested Sick Leave Ordinance
On September 18, 2017, the Minnesota Court of Appeals issued an unpublished opinion related to Minneapolis' paid sick leave ordinance, which recently went into effect. The opinion affirms Hennepin County Judge Mel Dickstein’s order issued in response to a legal challenge of the ordinance by the Minnesota Chamber of Commerce and several employers. More >
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. More >
Employers Shouldn’t Jump to Any DACA Conclusions
The Trump administration announced it is rescinding DACA, or the Deferred Action for Childhood Arrivals, with Attorney General Jeff Sessions noting the Department of Justice could not defend the program in court. As a practical matter, DACA’s rescission will result in employers having to terminate the employment of members of the workforce. In doing so, employers must ensure any employment decisions are made based on actual knowledge of employment authorization and not suspicions or assumptions about an employee’s immigration status either from the employer or a manager. More >
Employers Feeling Late Summer Heat on I-9 Compliance
If it’s not already clear to employers that Uncle Sam means business regarding employment eligibility, the end of summer may serve as a loud wake-up call. Last August, the U.S. DOJ, DHS and DOL together announced a doubling of civil fines for violations of Form I-9 requirements, which raised the ceiling for a single paperwork violation to a potential whopping $2,156. More >
MN Vikings Foundation Launches
Congratulations to the Minnesota Vikings for launching their charitable organization, Minnesota Vikings Foundation. The organization is dedicated to advancing the well-being of youth through engaging health and education initiatives. Read more about the new foundation here. More >
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? More >
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. More >
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. More >
