Top Stories

Plenty of Room at the HR California: Will Wage-and-Hour Laws in the Golden State Apply to Visitors?

Human resource departments nationwide are attuned to the California Supreme Court, which has received briefs and awaits argument later this year to address whether California’s generous wage-and-hour provisions apply to out-of-staters traveling to the state for work. Arising from claims brought by pilots and flight attendants who spend small percentages of their time in or […] More >

The Class Action Waiver Loophole in Arbitration Agreements That Employers May Miss

The enforcement and legality of arbitration agreements has been increasingly established over the last decade, starting with AT&T v. Concepcion in 2011 and more recently the U.S. Supreme Court’s ruling of Epic Systems v. Lewis in May 2018. As such, companies have grown to rely on arbitration agreements in connection with employment, as they help avoid situations where a single […] More >

Non-Resident Employers Must Comply with Minneapolis Paid Sick-and-Safe Leave, Appellate Court Rules

On April 29, the Minnesota Court of Appeals issued a key decision regarding Minneapolis’ sick-and-safe-time (SST) ordinance. As a result of the decision, the Minneapolis SST ordinance not only remains in effect, but it can now be enforced against non-resident employers. The court also affirmed the district court’s determination that the ordinance is not preempted by state law. More >

NLRB Redefines Protected Concerted Activity in Workplace

In January 2019, the National Labor Relations Board (NLRB) narrowed the standard for when an employee’s conduct is considered protected concerted activity. The 3-1 ruling upheld the dismissal of a complaint accusing Alstate Maintenance LLC of violating the National Labor Relations Act (NLRA) when its skycaps commented negatively about the tipping habits of certain passengers […] More >

Nilan Johnson Lewis Announces New Associate Katie Eisler

Nilan Johnson Lewis is excited to announce the hire of Katie Eisler. Effective immediately, she joins the Minneapolis-based firm’s Corporate and Transactional Services practice, where she will work with clients to handle general corporate, intellectual property and transactional matters. More >

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 forums like Glassdoor, or new appreciation for how applicants experience (and remember) a company’s brand, […] More >

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. More >