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Posted May 15, 2019 with Tags

Colorado Joins Ranks of States Adopting Equal Pay Statutes

No area of labor and employment law has seen more state attention in the last two years than pay equity. California, New York, Massachusetts, and Maryland have passed legislation facilitating equal pay litigation and imposing additional regulatory requirements upon employers. 2019 promises to continue that trend.

Posted May 15, 2019 with Tags

Wave of Equal Pay Lawsuits Continues to Build

Equal pay issues are receiving a great deal of attention in the media, at regulatory agencies, and in various state legislatures. Given all this attention, it is unsurprising plaintiffs’ law firms have been quick to jump on the equal pay bandwagon. Experienced plaintiffs’ class action firms have launched a variety of equal pay class or collective actions against employers. And those law firms have deployed a sophisticated array of tools to prosecute those claims.

Newsroom image for the post 7th Circuit Affirms CPSA Penalties Against Spectrum Brands, Inc.

Posted May 10, 2019

7th Circuit Affirms CPSA Penalties Against Spectrum Brands, Inc.

On May 9, 2019, the 7th Circuit upheld the government’s Consumer Product Safety Act (CPSA) claims against Spectrum Brands, Inc. stemming from its failure to immediately notify the Consumer Product Safety Commission (CPSC) of a potential defect in coffee pots distributed by one of Spectrum’s affiliates. 

Newsroom image for the post Ask a Lawyer: As an Employer, What Are My Parental Leave Obligations?

Posted April 26, 2019

Ask a Lawyer: As an Employer, What Are My Parental Leave Obligations?

Question: One of my employees recently shared with me that she is expecting a baby. We’re a small, but growing company, with about 25 employees. I know we’re not covered by the Family and Medical Leave Act, but I want to make sure we handle everything in the right way. What are our obligations for parental leave, if any, and how do other companies handle that process?

Newsroom image for the post Candid Job Applicant Feedback: A Cool Favor That Can Put You in Hot Water

Posted April 17, 2019

Candid Job Applicant Feedback: A Cool Favor That Can Put You in Hot Water

For employers turning down applicants, frank feedback hasn’t exactly been standard protocol. Historically, employers have used boilerplate rejection letters, or simply silence, to turn down applicants. Yet whether it’s due to shortages in talent, generational changes in the workforce, online …

Newsroom image for the post She’s Been Working (And Winning) on the Railroad

Posted April 11, 2019 with Tags , , ,

She’s Been Working (And Winning) on the Railroad

In 1908, Congress enacted the Federal Employers Liability Act (FELA) to protect and compensate railroad employees injured on the job. While the railroad industry and overall employee protections (workers compensation, etc.) have evolved over the last century, FELA has remained intact, offering plaintiffs lenient thresholds that have rendered a challenging environment when defending FELA cases. While these cases are often handled by male-dominated teams, over the past few years, women at Nilan Johnson Lewis (NJL) have shaken up the traditional FELA landscape, garnishing an undefeated string of defense wins.

Newsroom image for the post Workplace Biometrics Put to the Test

Posted April 10, 2019

Workplace Biometrics Put to the Test

More than 10 years ago, the Illinois State Legislature passed the Biometric Information Privacy Act (BIPA), which requires private sector companies to gain authorization before collecting employees’ biometric data, such as fingerprints, iris scans, voiceprints and facial recognition. While the …

Posted March 22, 2019

A Business Tip Before Tipoff: Minnesota Restaurants Face Compliance Issues for Tips During Final Four

As Minneapolis’ US Bank Stadium gears up to host its second national sporting event in over a year, nearby restaurants are looking to once again capitalize on the added foot traffic from the NCAA Men’s Basketball “Final Four” competition. However, Minnesota bars and restaurants need to think now about compliance with tip-pooling and service charge requirements to avoid litigation after the final buzzer sounds.

Newsroom image for the post Department of Labor Proposes Latest Overtime Exemption Rules

Posted March 8, 2019

Department of Labor Proposes Latest Overtime Exemption Rules

On March 7, 2019, the Department of Labor announced its latest proposed rulemaking regarding the salary threshold for exemption from overtime. The salary threshold has been $455 per week ($23,660 annually) since 2004. In 2016, the DOL attempted to raise …

Posted March 8, 2019

U.S. Supreme Court Deems FELA Payments as Taxable

Earlier this week, the United States Supreme Court issued an opinion in BNSF Railway Co. v. Loos, holding that a railroad’s payment to an injured worker for lost wages is taxable under the Railroad Retirement Tax Act (RRTA). In so …

Posted February 28, 2019

Heath Care in the Minnesota Legislature: Update

Things are heating up in the Minnesota legislature for nonprofit health care entities. Here are breakdowns of local bills that may affect these types of businesses should they become law.

Newsroom image for the post Illinois Jury Awards FELA Plaintiff Less Than 1% of Ask

Posted February 13, 2019

Illinois Jury Awards FELA Plaintiff Less Than 1% of Ask

Nilan Johnson Lewis’ Christy Mennen, along with attorneys Ray Groble and Matt Hammer from Daley Mohan Groble in Chicago, prevailed in Velasco v. Canadian Pacific Railway for client Canadian Pacific after a two-week long district court jury trial in Cook County, …

Newsroom image for the post Appellate Court Rules that Age Bias Disparate Impact Theory Pertains to Employees, Not Applicants

Posted January 25, 2019 with Tags , , , , ,

Appellate Court Rules that Age Bias Disparate Impact Theory Pertains to Employees, Not Applicants

The 7th Circuit Court of Appeals ruled on January 23, 2019, that assertions of age discrimination arising from facially neutral hiring policies can be brought only by a company’s employees, not by job applicants. In Kleber v. CareFusion Corporation, the court agreed with recent rulings by other courts – most recently the 11th Circuit Court of Appeals in Villareal v. R.J. Tobacco Co. – holding that under the federal Age Discrimination in Employment Act (ADEA), only employees can state a claim that a company’s actions or policies resulted in an unlawful “disparate impact” due to age.

Posted January 24, 2019

Minnesota Skiers and Snowboarders Now Liable for Injuries on the Slopes; Are Other Sports Next?

On January 23, the Minnesota Supreme Court issued a decision that impacts the assumption of risk for skiers and snowboarders within recreational areas. Since the early 19th century, Minnesota has recognized a doctrine about who is responsible for protecting against harm associated with activities that have well-known risks. The “doctrine of implied primary assumption” of risk states that when a person enters into an activity that has well-known risks that are either expressed or implied, the individual assumes the risks associated with the activity. However, the Minnesota Supreme Court decision in Soderberg v. Anderson held that collisions with other skiers or snowboarders is not a risk of the sport that participants impliedly assume.

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