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Joel Andersen News Archive

Newsroom image for the post Minnesota Restaurateurs: Fix Your Tip Pools Before You’re Hit with a Tip-Pooling Class Action Lawsuit

Posted March 4, 2020 with Tags , , ,

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 February 28, 2020

Minnesota to Ban All Non-Competes and Non-Solicits?

The Minnesota legislature is currently considering HF 3673, which purports to ban all non-compete agreements with all employees, and may also ban all customer non-solicit and non-disclosure agreements. The language of the bill—which currently has 30 co-sponsors—is confusing and internally contradictory, so its progress through the legislative process warrants close watching.

Posted February 14, 2020 with Tags

California Employers: CA Supreme Court Takes Aim at Wage Laws, Contradicts Federal Law

California wage laws have taken another alarming departure from federal standards. The highest state court recently held in Frlekin v. Apple that non-exempt employees must be paid for the time their bags and personal belongings are inspected before leaving the office. According to the California Supreme Court, that time is compensable even though the employees brought the items voluntarily and for their own benefit. The determinative question for the court was whether they remained under the employer’s control during inspection time.

Posted December 6, 2019

ABA Opines on Lawyer Non-competes, But Does It Apply to In-House Counsel?

The American Bar Association just issued an opinion about what lawyers and law firms can and should do when lawyers move from one firm to another. A key point of the opinion is that, according to the ABA, “ethics rules do not allow non-competition clauses in partnership, member, shareholder, or employment agreements” among attorneys. Remember, though, that these rules may not be the ultimate authority in the in-house counsel context.

Posted October 7, 2019

MN Restaurateurs: Proposed DOL Tip Credit Rule Won’t Impact Unique MN Tip-Pooling Laws

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 October 4, 2019

EEOC Finds Age-Restricted Advertisements Violate ADEA

Approximately two years ago, a number of employers received charges of discrimination alleging that they discriminated against applicants by restricting the recipients of employment advertisements on Facebook. The EEOC just found reasonable cause on the first seven such charges; and more probable cause determinations seem likely in the near future. Employers who have not yet been targeted should take steps now to prepare.

Newsroom image for the post AI & “Algorithmic Bias” in Hiring

Posted June 11, 2019 with Tags , ,

AI & “Algorithmic Bias” in Hiring

As this Harvard Business Review article thoughtfully explores, artificial intelligence (AI) has the potential to decrease gender bias in hiring if it is properly trained and used...or to replicate existing workplace biases if it is not. With more employers using AI and other big data solutions in hiring, lawmakers and enforcement agencies, as well as plaintiffs' law firms, are increasingly focused on issues of “algorithmic bias.”

Posted March 25, 2019

Minnesota Restaurateurs: Get Compliant with Tip Statutes Before the Final Four

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 January 18, 2019 with Tags , , , , ,

“Freedom to Compete Act” Aims to Wipe Out Most Non-Compete Agreements

In reaction to the recent proliferation of non-compete agreements, courts and legislatures are increasingly trying to find ways to limit their use. The latest attempt is at the federal congressional level. This week, Florida Senator Marco Rubio introduced the “Freedom to Compete Act” aimed at prohibiting non-compete agreements for lower wage workers. The Act would amend the Fair Labor Standards Act to ban non-competes for most non-exempt workers.

Newsroom image for the post Employers Should Immediately Review Recruitment Ad Practices Due to Facebook Class Litigation

Posted January 17, 2019 with Tags , ,

Employers Should Immediately Review Recruitment Ad Practices Due to Facebook Class Litigation

A little over a year ago, three major employers—T-Mobile, Amazon, and Cox Communications—were sued for allegedly discriminating on the basis of age in the way they recruited new employees via Facebook. The plaintiffs’ lawyers targeted not only these three employers but also asserted claims against a “defendant class” of every employer that used age restrictions in their recruiting advertisements on Facebook. They also sent demand letters to scores of employers and filed charges of discrimination against yet more. Though the lawsuit and charge investigations are ongoing, the plaintiffs’ lawyers are now sending a new wave of demands to more employers and filing more charges of discrimination with the EEOC and state enforcement agencies. Employers who have not yet been targeted should take steps now to prepare.

Posted July 27, 2018

California Employers On the Hook for Tracking Employee Time

On Thursday, July 26, the California Supreme Court held that California employers may no longer ignore or fail to compensate for small amounts of time that non-exempt employees work simply because recording that time is administratively difficult. This is an alarming departure from the de minimis defense employers have for federal wage-and-hour claims and warrants immediate attention by California employers.

Newsroom image for the post DOJ Signals There Are Lawful “No-Poaching” Agreements

Posted April 16, 2018 with Tags ,

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.

Posted April 4, 2018 with Tags

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.

Posted March 8, 2018

DOL Creates Voluntary Program for Employers to Proactively Resolve Wage Issues

On March 6, the U.S. Department of Labor (DOL) announced a new pilot program for federal wage-and-hour compliance. The Paid Audit Independent Determination (PAID) Program offers employers the opportunity to self-audit their pay practices, resolve any violations, and obtain releases from those claims from employees.

Posted December 21, 2017

Top Ten Laws Affecting California Employers in 2018

The California legislature and governor have had another busy year adding new laws and regulations for California employers. The changes hit virtually every aspect of the employment relationship – including applications, leaves of absence, wage-and-hour, discrimination, retaliation, immigration, and workplace notice requirements. Many new laws expand existing requirements to a broader array of employers. Here are the top ten laws requiring immediate attention for employers to comply.

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