While the ordinance does not directly affect the increasingly complicated and ever-changing analysis of when an individual is properly utilized as an independent contractor (as opposed to being treated like an employee), Minneapolis businesses should be cautious when preparing the written agreement required under the ordinance.
Youth sports organizations are often run by people who are volunteers. Sometimes one volunteer within the group opens a bank account in the name of the sports organization, so fees can be deposited and expenses paid. Many times, a member of the group will suggest that the organization should formalize itself and set up a 501(c)(3) or an LLC to run the programs. What do these terms mean and when would it benefit a youth sports organization to formally organize as a 501(c)(3) or an LLC? Heidi Christianson explains.
The current administration has sought to expand the types of benefits that would give cause to believe that an individual is primarily dependent on the government for subsistence, and, thus, inadmissible under U.S. immigration law.
More than four months after Gov. Tim Walz declared a peacetime emergency in Minnesota, many employers are eager to return to normal (to the extent possible). But two recent developments in Minnesota that have further pushed back the timeline for returning to “business as usual.”
Posted July 27, 2020 with Tags NJL News
An individual who is certified must show knowledge of relevant health care regulations and demonstrate expertise in the compliance process.
Each year, Minnesota Lawyer recognizes a group of new attorneys with under a decade of practice. We're pleased to announce NJL associate Pharaoh Lewis has joined the 2020 class of Up & Coming Attorneys.
Posted July 20, 2020 with Tags NJL News
Ten attorneys from NJL make the Super Lawyers list this year; six make the Rising Stars lists.
Posted July 14, 2020 with Tags The Equal Pay Advisor
Pay inequities can create government regulatory problems with the EEOC and OFCCP, for example, and can also present litigation risks in the form of government lawsuits or private class actions. But pay equity issues also can result in brand and morale challenges that may ultimately be more significant than those in the regulatory and litigation contexts. Because of new, creative tactics from advocacy groups, as well as changes in the societal and media environments, employers should place greater focus on the brand and morale aspects of pay equity.
Posted July 14, 2020 with Tags The Equal Pay Advisor
There are some legal risks associated with COVID-related changes in the workplace that deserve more attention than they have received to date. One of these is the potential for gender-based imbalances in compensation, promotions, and other conditions of employment.
The California Supreme Court issued an important pair of decisions today clarifying that California-compliant wage statements need to be provided only to workers who perform the majority of their work in California, or who are based for work purposes in California.
On July 1, 2020, the United States-Mexico-Canada Agreement (“USMCA”) will enter into full force, when it will replace the North American Free Trade Agreement (“NAFTA”) as the primary agreement governing trade relations between the United States, Mexico, and Canada.
The new Proclamation seeks to bar entry into the United States of individuals who are using a visa in one of several temporary visas categories.
Posted June 19, 2020 with Tags Announcement
Congratulations to litigator Scott Rusert who is now the chair of Minnesota State Bar Association's Civil Litigation section.
Posted June 18, 2020 with Tags Corporate Immigration
In a 5-4 decision, the U.S. Supreme Court issued today a legal defeat to the Administration’s termination of Deferred Action for Childhood Arrivals (DACA). The program (initially announced in June 2012) allows certain foreign nationals who were brought to the United States as children to request permission to remain in the United States (also known as deferred action) and work for a period of two years if specific requirements are met. An estimated 700,000 beneficiaries have received DACA benefits to date.
The Supreme Court has ruled in Bostock v. Clayton County, Georgia that Title VII of the Civil Rights Act of 1964 protects lesbian, gay, bisexual, and transgender (LGBT) individuals from being discriminated against in employment. The 6-3 opinion consolidates three cases from the Second, Sixth, and Eleventh Circuits, each of which involved individuals fired from their jobs because of either their sexual orientation or gender identity. Each case called the question: Is discrimination because of sexual orientation or gender identity a type of prohibited discrimination “because of sex” under Title VII?
June 2020 is already proving itself to be a challenging month for employers who sponsor foreign workers.
Business owners are facing decisions most never anticipated. Legal directives are not the only factor holding back the economy. Everyone is eager to see workplaces return to normal operations. At the same time, no business wants to put its workers and customers in danger.
Posted June 8, 2020
Don Lewis, founding shareholder of NJL, has been appearing all over the U.S. to discuss George Floyd's murder case. Don has a very unique perspective, as he's the former Special Prosecutor on the Philando Castile case.
Retail businesses and restaurants have been devastated by stay-at-home orders intended to combat the COVID-19 epidemic. As restrictions begin to loosen, businesses have more freedom to open their doors, but in doing so, face the risk of lawsuits brought by employees or customers who allege that they were exposed to COVID-19.
On Wednesday, June 5, 2020, the Minnesota Supreme Court issued its long-awaited decision in Kenneh vs. Homeward Bound, Inc., upholding the “severe or pervasive” standard applied to sexual harassment claims due to hostile work environment under the Minnesota Human Rights Act (MHRA). The standard, adopted from parallel federal Title VII litigation, has been applied to hostile work environment claims under the MHRA for over 30 years. It confines actionable sexual harassment to severe (meaning bad) or pervasive (meaning frequent) conduct that sufficiently alters the conditions of employment.