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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.

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.

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.

Newsroom image for the post Nilan Johnson Lewis Welcomes Krista Narveson

Posted May 3, 2017 with Tags ,

Nilan Johnson Lewis Welcomes Krista Narveson

Minneapolis-based law firm Nilan Johnson Lewis is pleased to announce Krista Narveson has joined its product liability team as a litigation paralegal. She will be contributing her considerable expertise and more than eight years in the legal profession to a range of work with the product liability team, from mass tort class actions to the defense of personal injury lawsuits.

Newsroom image for the post Short-Term Disability Claim Denial Based on Back Pain Claim Upheld – Medical Diagnosis Alone Insufficient to Support Claim

Posted April 14, 2017 with Tags ,

Short-Term Disability Claim Denial Based on Back Pain Claim Upheld – Medical Diagnosis Alone Insufficient to Support Claim

The District Court of Minnesota, in Braden v. ATT Umbrella Benefit Plan No. 3, 2017 WL 1047257 (D. Minn. Mar. 17, 2017), granted summary judgment under ERISA in favor of the plan in spite of medical evidence that the claimant could not work based on lumbar pain and degenerative disc disease. The decision is worth reading because of the court’s thoughtful assessment of the evidence and rejection of the notion that a person with a documented history of back surgery, reports of inability to sit at work and a supporting physician’s opinion is entitled to short-term disability benefits.

Newsroom image for the post With Trump in Office and Gorsuch on the Bench, Don’t Hesitate to Arbitrate

Posted April 4, 2017

With Trump in Office and Gorsuch on the Bench, Don’t Hesitate to Arbitrate

With dramatic changes recently occurring in the U.S. executive, legislative, and judicial branches, corporate lawyers are growing accustomed to “wait and see” approaches. Amidst all the uncertainty, arbitration agreements may be the one thing to advance proactively. Jeremy Robb and …

Newsroom image for the post The Toll of Executive Orders on Federal Contractors

Posted April 4, 2017

The Toll of Executive Orders on Federal Contractors

When one administration ends and another comes in, employers are often left to wonder which direction the legislative winds will blow. One group often caught in the middle of the game is federal contractors who must comply with certain executive …

Newsroom image for the post Proposed Legislation May Limit Size of Class Actions

Posted April 4, 2017

Proposed Legislation May Limit Size of Class Actions

The process for plaintiffs bringing class action lawsuits against businesses in the U.S. may become more demanding thanks to a bill that passed in the House of Representatives (220 votes to 201) in March 2017 and is now awaiting review …

Posted March 28, 2017

Recalls: What Information Should Be On Your Social Media Forums?

With the increased number of recalls, there is a hot button issue facing manufacturers and retailers: going forward, should your company implement a practice that includes announcing all recalls on its Facebook, Twitter, and other social media websites? And more …

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