In the wake of #MeToo, two new laws in California seek to prevent further workplace sexual harassment by changing how employers structure arbitration and settlement agreements, among others. Signed into law on September 30, 2018, by Governor Jerry Brown, Senate Bill No. 820 makes it unlawful for settlement agreements to include confidentiality provisions that impede a person’s right to pursue civil damages against employers and harassers.
Minneapolis-based national law firm Nilan Johnson Lewis is pleased to announce the addition of Nicole Dailo as an associate attorney in its labor and employment practice group. Nicole will be advising and defending employers with an emphasis on California employment law issues.
ALFA International hosted a complimentary webinar on September 14 titled "Legal Hot Topics," where member firms' attorneys presented on hot new areas in their respective practices. NJL's product liability attorney Scott Rusert presented on industry custom evidence.
Nilan Johnson Lewis is proud to announce that Don Lewis has been recognized by Twin Cities Business as a “2018 Outstanding Director” honoree for his work on the Board of Directors of HealthPartners. Lewis will be honored for his dedication and exceptional work in the course of his board service at an award ceremony on the evening of October 10, 2018.
On September 6, 2018, the Eighth Circuit Court of Appeals ruled that an employee who consents to a background check cannot pursue a claim in federal court based on a violation of the Fair Credit Reporting Act’s (FCRA) disclosure and authorization requirement.
Illinois employers should prepare for California-style expense reimbursement class claims when a new law takes effect next year, which potentially includes demands to reimburse personal cell phones and home internet use.
On August 20, 2018, the California Supreme Court ruled in Connor v. First Student, Inc. that employers must comply with two overlapping state statutes that regulate the procedures for procuring and using background checks for employment.
On August 16, 2018, San Antonio became the second city in Texas to pass a paid sick leave ordinance, which requires that employers provide one hour of paid sick leave for every 30 hours worked. While the ordinance takes effect on January 1, 2019, most of the requirements do not become effective until August 2019.
Recently, the departments of Justice (DOJ) and Labor signed a memorandum of understanding to work together on President Trump’s “America First” agenda. In the agreement, the departments will share information on employers, refer issues to the appropriate officials at each department and offer training to each other’s staff with the goal of uncovering companies that “discriminate” against U.S. workers by hiring foreign employees.
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.
On June 28, 2018, Massachusetts Governor Charlie Baker signed a bill reforming several employment laws and creates one of the most employee-generous paid family and medical leave programs in the country. The program, which will be funded by a combination of payroll deductions and employer contributions, guarantees up to 26 weeks of paid leave for current and some former employees, and allows self-employed contractors to opt into the program.
A California employer that does not pay its employees all required wages upon termination is liable for both the underpayment of wages and, if the failure to pay is “willful,” a “waiting time” penalty of up to 30 days’ wages. This is one of the ways a California wage-and-hour violation can become a very expensive mistake.
Nilan Johnson Lewis (NJL) is proud to announce that it has again been named to Law 360’s “Best Law Firms for Female Attorneys” list, a ranking published as part of the news organization’s annual Glass Ceiling report. The firm placed No. 18 among all U.S. legal services firms employing at least 20 but fewer than 150 lawyers.
On May 30, 2018, the Duluth City Council passed an ordinance requiring private employers to provide paid sick and safe leave to employees, following other Minnesota cities like Minneapolis and St. Paul. The ordinance takes effect on January 1, 2020. Because this is a contentious issue, we expect to see additional amendments before the ordinance takes effect.
The #MeToo movement shed a light on the fact that sexual harassment in the workplace is still a major problem, and employers need to reassess their policies and practices. Supporting the personal experiences of women, the Pew Research Center recently …