Minneapolis employers in the hospitality industry will likely soon have to contend with a new set of worker protection laws. The Minneapolis City Council is currently considering a citywide Hospitality Worker Right to Recall Ordinance, which would require employers to rehire workers previously terminated due to the Coronavirus pandemic. If adopted, the Ordinance will go into effect on May 1, 2021. Meanwhile, the Minnesota Legislature is considering a similar right to recall law, which would apply statewide to a larger group of employers.
Category: Top Stories
The Department of Homeland Security (DHS) announced it would extend its COVID policy of deferring the physical presence requirements associated with Form I-9, Employment Eligibility Verification. The policy, instituted at the beginning of the pandemic, was set to expire on January 31, 2021, but has been extended to March 31st of this year.
Nilan Johnson Lewis has elected three outstanding attorneys to the 2021 Leadership Council on Legal Diversity (LCLD). Jason Hungerford has been selected for the 2021 Fellows Program, and Nicole Dailo and Mike Sevilla have been nominated for the 2021 Pathfinder Program.
We are pleased to welcome Kirsten H. Pagel to Nilan Johnson Lewis as an associate. She’ll join our product liability and business litigation groups, focusing on litigation in agricultural, transportation, and utility industries, as well as appellate work.
Not Biden His Time: Biden Administration Announces Intentions to Make Immigration Reform a Top Administrative Priority
Immediately after President Joe Biden took office, his administration unveiled a series of Executive Actions and legislative proposals designed to signal its top priorities. The actions taken within his first week include reversing Executive Orders issued by the Trump Administration, withdrawing certain pending regulations, delaying the implementation of regulations made by the Trump Administration post-election, and pushing forward a legislative overhaul of the current immigration system. These actions and proposals signal that modernizing the current immigration system will be one of the top priorities of the new administration.
Posted January 25, 2021 with Tags Firm News
"Mass torts" is an incredibly broad term that includes many disparate substantive areas--everything from an airplane accident that injures many individuals at once, to asbestos claims involving alleged exposure and injury over the course of many decades. This book aims to provide a useful guide that examines most phases of mass tort cases while appealing to attorneys of varying levels of experience in many different types of cases.
The order will go into effect at 12:01 a.m. EST (5:01 a.m. GMT) on January 26, 2021. After going into effect, this order replaces a previous order currently in effect and expands UK pre-departure COVID-19 testing requirements to all U.S.-bound passengers flying in from foreign countries.
Many employers are seeking ways to encourage their employees to get vaccinated for COVID-19. For those wishing to stop short of making it mandatory, incentivizing voluntary vaccination is an option, but one that comes with its own set of potential legal pitfalls employers should be aware of.
Posted January 5, 2021
Brandie focuses her practice on product liability and mass tort defense, representing manufacturers, suppliers, and retailers regionally and nationally. She consults with clients on regulatory issues, CPSC investigations, and recalls; and provides counseling on preventative measures to help minimize litigation costs.
Posted December 31, 2020
Minneapolis-based national firm Nilan Johnson Lewis (NJL) is pleased to announce the hires of Chelsea J. Bodin and Christopher T. Ruska, both joining our Labor and Employment team.
Backlog to the Future: Lingering Questions about the Employment-Based Immigrant Visa Wait Times Under H.R. 1044/S. 386
As currently drafted, the bills would eliminate the 7% per-country ceiling for all employment-based visa categories by October 1, 2022. However, the bill would not eliminate the numerical cap for immigrant visas that could be issued per year. Instead, it would distribute the backlog across all countries by changing the visa allocation process to be a first-come, first-served process.
DHS Extends Temporary Protected Status Benefits for El Salvador, Nicaragua, Sudan, Honduras, and Nepal Nationals
The Department of Homeland Security (DHS) announced on December 9, 2020, an extension of the Temporary Protected Status (TPS) designation for El Salvador, Nicaragua, Sudan, Honduras, and Nepal through October 4, 2021. TPS is a temporary status that allows nationals of designated countries to remain and, in some cases, work in the United States until it is considered safe to return to their home country.
Posted December 7, 2020
During the small window when trials briefly went live this fall, three Nilan Johnson Lewis women not only led the few pieces of pandemic litigation, but all three garnered full defense verdicts within three days of each other. This is significant when you consider nearly 97 percent of civil cases are resolved before going to trial in a typical year without a pandemic.
Posted December 3, 2020
In First Impression Decision, Minnesota Federal Court Applies Advice-of-Counsel Defense to Tortious Interference Claim
In a first-of-its-kind decision, NJL non-compete litigator Katie Connolly convinced a Minnesota federal court to apply a novel advice-of-counsel defense to an employer’s hiring of an individual with a non-compete agreement.
Federal Judge Strikes Down Two Rules that Impose Restrictions on U.S. Employers who Sponsor Foreign Workers
At issue was whether or not the Administration was justified in its determination that the COVID-19 pandemic provided a good cause exception to Section 553(b) of the Administrative Procedure Act, which requires a proper public notice and comment period before a rule can be implemented. The court decided that it was not.
Posted November 25, 2020
On November 20, 2020, the Department of Health and Human Services (HHS) published two final rules that aim to reduce regulatory barriers to care coordination and accelerate the transformation of the healthcare system to value-based care. The HHS Office of Inspector General (OIG) issued the final rule “Revisions to the Safe Harbors Under the Anti-Kickback Statute and Civil Monetary Penalty Rules Regarding Beneficiary Inducements,” and the Centers for Medicare and Medicaid Services (CMS) issued the final rule “Modernizing and Clarifying the Physician Self-Referral Regulations.” The regulations are effective on January 19, 2021.
The Premium Processing Roller Coaster: What is the Fee Now, and Has it Been Expanded to Other Types of Immigration Benefit Requests?
The short answer is that the premium processing fee increased to $2,500 effective October 20, 2020, for all eligible I-129 and I-140 filings (except for H-2B and R-1 requests that increased to $1500), based on the Emergency Stopgap USCIS Stabilization Act that was part of the Continuing Appropriations Act 2021 and Other Extensions Act signed into law on October 1. Although the Act gives U.S. Citizenship & Immigration Services (USCIS) authority to expand premium processing to other types of benefit requests, the agency recently said it is not yet taking that action. In other words, USCIS has not yet applied premium processing to I-765, I-539, or the other new benefit requests.
Posted October 27, 2020
Congratulations to Nilan Johnson Lewis’ team of Dave Schooler, Ellen Brinkman, Erin Conlin, and Dan Supalla for garnishing two favorable results on behalf of U.S. Bank in the month of October. Both cases involved age bias claims.
With the presidential election looming, discussions about politics are happening in the workplace now more than ever. In the current political environment, these conversations may be disruptive and may not align with Equal Employment Opportunity and Harassment-Free Workplace Policies, diversity and inclusion goals, and organizational brands. This means that HR professionals and other supervisors walk a very fine line as they draw distinctions between what violates or contradicts employment policies versus free speech.