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Newsroom image for the post Ninth Circuit Rules that Salary History Cannot Justify Pay Disparities

Posted April 11, 2018 with Tags ,

Ninth Circuit Rules that Salary History Cannot Justify Pay Disparities

The Ninth Circuit ruled that employers may not consider a new employee’s prior salary when setting his or her pay, either on its own or with other factors such as years of experience. The Court ruled that allowing employers to rely on prior salaries is incompatible with the broad principal of the Equal Pay Act, which states that men and women should receive equal pay for work.

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 March 2, 2018 with Tags

If Trace-Asbestos Products Cause Comparable Exposure to What’s in the Natural Environment, Are Companies Liable?

Although asbestos has been a known carcinogen leading to mesothelioma and other conditions for decades, it has existed in multiple places, forms and concentrations, and scientists are unable to track the onset of such diseases to a specific root cause. Consequently, plaintiff lawyers often bring lawsuits against multiple parties and once and have succeeded in their attempts to bring these cases to trial by only needing to prove some degree of exposure to any given product containing asbestos, not that the certain product led to their injury, a theory called cumulative exposure.

Posted February 16, 2018 with Tags , ,

What Employers Need to Know About the Austin, TX Paid Sick & Safe Leave Ordinance

In the early hours of February 16, 2018, Austin, Texas, became the first Southern city to pass a paid sick and safe leave law. The final version is slated to go into effect on October 1, 2018, for most employers, although employers with five or fewer employees have a reprieve with an October 1, 2020, effective date. Opponents are already discussing potential preemption legislation, and so it remains to be seen whether the ordinance will go into effect or for how long.

Posted February 13, 2018

If Your Car is the Driver, Who is Liable?

On January 22, a lawsuit was filed in in the U.S. District Court for the Northern District of California in which the plaintiff accused General Motors of negligence stemming from an accident where a vehicle deploying self-driving technology collided with …

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.

Posted December 15, 2017 with Tags

Are Your Social Media Recruitment Practices Discriminatory? Employers Facing Age Discrimination Class Actions

Plaintiffs’ lawyers currently are threatening employers that recruit new employees via social platforms—Facebook, LinkedIn, etc.—with age discrimination class action lawsuits. The plaintiffs’ lawyers aggressively demand an immediate response to their letter, production of information related to the online recruitment efforts, and a quick resolution of their alleged claims (i.e., pay a substantial settlement). Class-wide liability, were the claims to be successful, could be substantial, so this issue warrants immediate attention even if you have not yet been threatened with litigation. We have analyzed the possible legal claims and have developed a method to assess an employer’s potential liability.

Posted December 13, 2017 with Tags ,

One Resolution Employers Don’t Want for the New Year

Heightened by an increase in social activism and the #metoo movement, many publically traded companies – especially those in the technology and retail sectors – may find themselves facing a New Year’s resolution they’d rather not have in 2018: a shareholder resolution demanding public disclosure of detailed information about gender pay differences.

Posted November 20, 2017 with Tags ,

Minnesota Restaurateurs: Get Compliant with Tip Statutes Before Super Bowl LII

Super Bowl LII at U.S. Bank Stadium presents a great opportunity for Minneapolis restaurateurs to generate significant income from parties hosted before and during the big game. 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 Super Bowl parties should prepare now to meet the law’s requirements and avoid litigation after the Super Bowl LII victor is crowned.

Posted October 26, 2017

Trump Speeds Up Commercial Drone Integration

At least five drone programs will be selected to test out an innovative public-private integration because of a memorandum signed by President Trump this week to speed up the use of drones for commercial purposes.

Posted October 6, 2017

California Whistleblowers Gain Easier Route to Reinstatement

This week, California passed a law that delivers a major expansion of employee rights within the state. Once Senate Bill 306 goes into effect at the start of 2018, a court will be able to order immediate reinstatement of a whistleblower plaintiff if the plaintiff merely shows “reasonable cause” exists to believe the termination was unlawful.

Newsroom image for the post Employers Shouldn’t Jump to Any DACA Conclusions

Posted September 5, 2017

Employers Shouldn’t Jump to Any DACA Conclusions

The Trump administration announced it is rescinding DACA, or the Deferred Action for Childhood Arrivals, with Attorney General Jeff Sessions noting the Department of Justice could not defend the program in court. As a practical matter, DACA’s rescission will result in employers having to terminate the employment of members of the workforce. In doing so, employers must ensure any employment decisions are made based on actual knowledge of employment authorization and not suspicions or assumptions about an employee’s immigration status either from the employer or a manager.

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?

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