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.
Jason P. Hungerford News Archive
While the ordinance does not directly affect the increasingly complicated and ever-changing analysis of when an individual is properly utilized as an independent contractor (as opposed to being treated like an employee), Minneapolis businesses should be cautious when preparing the written agreement required under the ordinance.
After sheltering-in-place, remote working, and business closures, employers across the country have started planning to bring employees back to work. The first item of business is how to ensure the workplace is safe for employees and the general public. For this, many employers are turning to employee health checks.
Ensuring that hourly employees accurately record their work time—and that employees are paid for all work time—can be a challenge even under the best of circumstances. But it’s crucial to avoid or defend costly class litigation or audits from the Department of Labor. These “off the clock” issues may be exacerbated for employers who now have hourly employees working remotely during the pandemic. Remote work means employers have less oversight and ability to enforce timekeeping rules. This is made even more complicated because employees may be working—and responding to work requests—during odd hours as they navigate other home obligations.
Minnesota Restaurateurs: Fix Your Tip Pools Before You’re Hit with a Tip-Pooling Class Action Lawsuit
Restaurants are getting hit with tip-pooling class action lawsuits. Now is the time to audit your practices, or, at the very least, review your tip pooling policies. This is especially important for Minnesota restaurateurs, as they face the difficult challenge of complying with the state’s unique tip-pooling statute—which is unlike federal laws and those of other states. Restaurants can make specific changes now to meet the law’s requirements and avoid class action litigation.
Posted October 7, 2019
The U.S. Department of Labor announced a proposed rule that would allow employers who do not take a tip credit to establish a tip pool to be shared between (1) workers who receive tips and are paid the full minimum wage and (2) employees who do not traditionally receive tips, such as dishwashers and cooks. While this is an important change to federal wage-and-hour laws, the critical point for Minnesota restaurateurs is that this proposed rule, if enacted, does not affect Minnesota’s unique tip-pooling laws and regulations.
Posted May 15, 2019
As the minimum wage discourse permeates the country and discussions about fairness and living wages make their way into state and local legislatures, a question remains for how minimum wage laws affect tipped employees. Tip credits allow employers to pay …
Posted April 25, 2019
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 …
Posted March 25, 2019
The Final Four at U.S. Bank Stadium presents a great opportunity for Minneapolis restaurateurs to generate significant income from parties hosted before and during the big games. 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 Final Four parties should prepare now to meet the law’s requirements and avoid litigation after the tournament ends.
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.
Posted December 4, 2018
After one year in office, the general counsel at the National Labor Relations Board (NLRB) is creating a buzz in the legal community. General Counsel Peter Robb has expressed strong recommendations to give employees access to collect more damages after an arbitration or settlement – a departure from the otherwise employer-friendly and red-tape cutting expectations of the Trump administration.
Posted May 22, 2018
On May 21, 2018, the U.S. Supreme Court handed down a huge win to employers in its much-anticipated decision in Epic Systems Corp. v. Lewis. Writing for a five-person majority, Justice Gorsuch upheld the validity of agreements that require employees to arbitrate claims against their employer or an individual—as opposed to a class or collective—basis. The court had been called to determine whether such class/collective waivers violate an employee’s right to engage in “concerted activities” as provided in the National Labor Relations Act (NLRA). Federal courts had been at odds on this issue, and the Supreme Court consolidated three cases to resolve the disagreement.
After a little more than a week into President Trump’s presidency, his promise to shake things up is creating spirited debate. In such a highly charged political environment, employers are asking what steps they can and should take to keep political disagreements from negatively impacting the workplace.
As President Trump’s nominee to fill Justice Scalia’s vacancy on the Supreme Court, Neil Gorsuch—a judge on the Tenth Circuit Court of Appeals—will be at the center of the class/collective waiver decision.
On January 25, 2017, President Donald Trump appointed Victoria A. Lipnic as Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), which could result in a shift away from recent EEOC decisions and the agency's current enforcement priorities.
Jason Hungerford brings over seven years of experience in litigation, including several years of employment litigation involving non-compete work, whistleblower cases, individual and collective FLSA matters, and discrimination claims.