Top Stories

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. More >

Ninth Circuit Rules that Salary History Cannot Justify Pay Disparities

The Ninth Circuit ruled that employers may not consider a new employee’s prior salary when setting his or her pay, either on its own or with other factors such as years of experience. The Court ruled that allowing employers to rely on prior salaries is incompatible with the broad principal of the Equal Pay Act, which states that men and women should receive equal pay for work. More >

Nilan Johnson Lewis Welcomes Case Assistant Mike Manerowski

Nilan Johnson Lewis announced the hire of Mike Manerowski as case assistant for the Minneapolis-based firm’s labor and employment group. Manerowski has worked with law firms for more than 15 years, with several years of experience in case management. As the firm has expanded its national labor and employment practice, it has created a need for Manerowski’s organizational expertise, ensuring cases are even more efficiently managed and communication is maintained across attorney and client teams. More >

What Makes Minnesota Tip-Pooling Laws Unique

Joel O'Malley's article, "What makes Minnesota tip-pooling laws unique*," was published on Minnesota Lawyer. In the article, Joel outlines the complex laws leading to the large settlement Surly Brewing Co. recently paid in the tip-pooling lawsuit. More >

If Trace-Asbestos Products Cause Comparable Exposure to What’s in the Natural Environment, Are Companies Liable?

Although asbestos has been a known carcinogen leading to mesothelioma and other conditions for decades, it has existed in multiple places, forms and concentrations, and scientists are unable to track the onset of such diseases to a specific root cause. Consequently, plaintiff lawyers often bring lawsuits against multiple parties and once and have succeeded in their attempts to bring these cases to trial by only needing to prove some degree of exposure to any given product containing asbestos, not that the certain product led to their injury, a theory called cumulative exposure. More >

Shining a Light on Blowing the Whistle

In what seemed to be a fairly easy decision for the Justices, the U.S. Supreme Court in Digital Realty Trust Inc. v. Somers ruled on February 20, 2018, that Dodd-Frank's anti-retaliation provisions, including protections for whistleblowers, do not extend to individuals failing to report violations of securities laws to the SEC. More >

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. More >