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Newsroom image for the post Employers Feeling Late Summer Heat on I-9 Compliance

Posted August 29, 2017 with Tags , , ,

Employers Feeling Late Summer Heat on I-9 Compliance

If it’s not already clear to employers that Uncle Sam means business regarding employment eligibility, the end of summer may serve as a loud wake-up call. Last August, the U.S. DOJ, DHS and DOL together announced a doubling of civil fines for violations of Form I-9 requirements, which raised the ceiling for a single paperwork violation to a potential whopping $2,156.

Posted August 23, 2017

MN Vikings Foundation Launches

Congratulations to the Minnesota Vikings for launching their charitable organization, Minnesota Vikings Foundation. The organization is dedicated to advancing the well-being of youth through engaging health and education initiatives. Read more about the new foundation here.

Posted August 15, 2017 with Tags , , ,

The Questionable Non-Compete: How to Hire Someone but Avoid a Tortious Interference Claim

The Scenario: Your company has a great applicant for a job opening, Jane, but you learn during the interview process that Jane signed a non-compete agreement with her current employer. You can quickly spot some reasons why the non-compete is unenforceable. You acknowledge there is some risk in hiring Jane, though, including that her current employer may sue Jane for breaching the contract and your company for interfering with her contract—a tortious interference claim. So, now what? Setting aside Jane and her own legal risks, what specific steps should you take to set up your best defense to a claim that your company interfered with Jane’s contract?

Posted August 9, 2017

MN Supreme Court Redefines “Good Faith” Under MN Whistleblowers Act

On August 9, 2017, the Minnesota Supreme Court redefined what “good faith” means under the 2013 amendment of the Minnesota Whistleblowers Act (MWA). In Friedlander v. Edwards Life Sciences, LLC, the Court concluded that its prior interpretations of "good faith" gave the phrase a meaning different from the definition provided in the 2013 amendment and, as a result, those prior decisions are abrogated. The Court reasoned that any other conclusion would render the "good faith" definition section of the 2013 amendment superfluous.

Posted August 2, 2017

DOJ to Scrutinize Affirmative Action Programs in Higher Education

On August 1, 2017, the New York Times reported that the Department of Justice plans to increase its focus on investigations and litigation regarding "intentional race-based discrimination in college and university admissions." The target? Affirmative action programs in college admissions.

Newsroom image for the post Washington’s Whiplash: Sexual Orientation Discrimination and Title VII

Posted July 27, 2017 with Tags , , ,

Washington’s Whiplash: Sexual Orientation Discrimination and Title VII

In the last six months, the scope of federal protection against discrimination on the basis of sexual orientation (and gender identity) has been a hot topic in the courts and Trump administration. During the Obama administration, federal agencies and the Department of Justice argued in favor of such protection. The Trump administration is taking the opposite approach, and yesterday the Department of Justice filed an amicus brief in the Second Circuit explicitly arguing that Title VII does not prohibit sexual orientation discrimination. The courts are divided. In the spring of 2017, the Seventh Circuit ruled that sexual orientation discrimination is sex discrimination under Title VII, while the Eleventh Circuit rejected that view. The Second Circuit is weighing the issue, and in the meantime, what's an employer to do?

Posted July 24, 2017

Oregon Bill Mandating Predictable Schedules Expected to be Signed into Law

Oregon lawmakers approved the nation’s first statewide measure requiring predictive scheduling for employees. Assuming Gov. Kate Brown signs as expected, the bill takes effect July 1, 2018, and requires large employers in the retail, hospitality, and food service industries to …

Posted July 19, 2017 with Tags , , ,

How Employers Can Avoid California Labor Code Section 925

Many non-California employers view the enactment of California Labor Code Section 925 as destroying any possibility of avoiding the state’s restrictive covenants laws for California-based employees. But there is hope! With creative legal counsel, employers can draft agreements that do not implicate the statute and avoid its application in litigation.

Newsroom image for the post First Trial on Website Accessibility Under Title III Points to Likely Outcome for Future Lawsuits

Posted July 7, 2017 with Tags , , , , ,

First Trial on Website Accessibility Under Title III Points to Likely Outcome for Future Lawsuits

The groundswell of legal activity surrounding whether websites are covered under Title III of the Americans with Disabilities Act (ADA) is likely to increase following a recent verdict in the U.S. District Court for the Southern District of Florida.

Newsroom image for the post City of Minneapolis Releases Draft Minimum Wage Ordinance

Posted June 6, 2017

City of Minneapolis Releases Draft Minimum Wage Ordinance

As expected, the Minneapolis City Council released its draft ordinance implementing a minimum wage increase. The draft ordinance includes extraterritorial application—meaning that it will apply to employers outside of Minneapolis if their employees work for a minimal amount of time in the City, a provision which will almost certainly face legal challenge—and no tip credit.

Newsroom image for the post 501(r) Audits Are Here: What You Need to Know

Posted May 31, 2017 with Tags , , , ,

501(r) Audits Are Here: What You Need to Know

The Affordable Care Act imposed new requirements on tax-exempt hospitals under Section 501(r) of the Internal Revenue Code. Section 501(r) and its implementing regulations present a complex framework intended to promote “charitable” behavior by tax-exempt hospitals. By way of example, 501(r) requires a hospital to assess and address community health needs and to adopt billing and collection practices aimed at ensuring that patients who have a limited ability to pay for care are treated fairly.

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