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Posted May 22, 2018

Supreme Court Gifts Employers with Big Arbitration Win

On May 21, 2018, the U.S. Supreme Court handed down a huge win to employers in its much-anticipated decision in Epic Systems Corp. v. Lewis. Writing for a five-person majority, Justice Gorsuch upheld the validity of agreements that require employees to arbitrate claims against their employer or an individual—as opposed to a class or collective—basis. The court had been called to determine whether such class/collective waivers violate an employee’s right to engage in “concerted activities” as provided in the National Labor Relations Act (NLRA). Federal courts had been at odds on this issue, and the Supreme Court consolidated three cases to resolve the disagreement.

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 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.

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