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Posted June 4, 2019 in Top Stories, Legal Insights

10 Questions Personal Transportation Manufacturers Should Answer Before Selling a New or Redesigned Product

Companies can save hundreds of thousands of dollars in litigation fees by taking proactive steps that put them in the best position possible to avoid potential legal claims and defend those that occur. From warnings to advertising content to solid contractual terms, what is a relatively small investment upfront can result in a very high level of protection down the road. It is an extremely smart business strategy to ask legal counsel with expertise in product liability risk management to provide input at the various phases of product development and launch. 

Posted June 3, 2019 in Top Stories, Legal Insights

Health Plans, PBMs Now on the Clock as Minnesota Enacts New Law for Drug Pricing Transparency

On May 20, 2019, Minnesota Governor Tim Walz signed the Minnesota Pharmacy Benefit Manager Licensure and Regulation Act into law. This law aims to increase transparency regarding how drug prices are set and affords direct oversight by the Department of Commerce. Under the new law, Commerce will have the right to audit, investigate, and take administrative action against Pharmacy Benefit Managers (PBM) that violate the law, which could include licensure revocation or suspension as well as civil penalties.

Posted May 28, 2019 in Top Stories, Legal Insights

Home Health Care Misclassification Lawsuits Rising

Plaintiffs’ wage-and-hour class action lawyers are constantly looking for new groups of employees whom they can claim are inappropriately classified as exempt. In previous decades, plaintiffs’ lawyers focused on mortgage adjusters, truck drivers, and assistant store managers. In 2019, plaintiffs’ lawyers are directing their attention to another group of employees: home health clinicians.

Posted May 21, 2019 in Top Stories, Legal Insights

Tech Support Independent Contractor Class Claims Climbing

Wage-and-hour class litigation tends to come in waves. In 2019, we are seeing another wave gather on the horizon: misclassification collective actions alleging that companies have improperly classified at-the-elbow (“ATE”) support workers as contractors and thus denied them the overtime required under the federal Fair Labor Standards Act (“FLSA”) and parallel state laws.

Newsroom image for the post Liability for Allegedly Unnecessary Product Recall?

Posted May 16, 2019 in Top Stories, Legal Insights

Liability for Allegedly Unnecessary Product Recall?

The conventional advice to manufacturers and retailers of consumer products when assessing a potential product safety issue is typically as follows: “When in doubt, report.” And while it is still generally good advice to err on the side of reporting potential product safety issues to the Consumer Product Safety Commission (CPSC), companies must be cognizant of the full magnitude of a decision to initiate a voluntary product recall. A new lawsuit filed last week in New York federal court illustrates why.

Newsroom image for the post The Bottom Line for Tip Credit Legislation

Posted May 15, 2019 in Top Stories, Legal Insights

The Bottom Line for Tip Credit Legislation

As the minimum wage discourse permeates the country and discussions about fairness and living wages make their way into state and local legislatures, a question remains for how minimum wage laws affect tipped employees. Tip credits allow employers to pay …

Newsroom image for the post Non-Resident Employers Must Comply with Minneapolis Paid Sick-and-Safe Leave, Appellate Court Rules

Posted April 29, 2019 in Top Stories, Legal Insights

Non-Resident Employers Must Comply with Minneapolis Paid Sick-and-Safe Leave, Appellate Court Rules

On April 29, the Minnesota Court of Appeals issued a key decision regarding Minneapolis’ sick-and-safe-time (SST) ordinance. As a result of the decision, the Minneapolis SST ordinance not only remains in effect, but it can now be enforced against non-resident employers. The court also affirmed the district court’s determination that the ordinance is not preempted by state law.

Newsroom image for the post Ask a Lawyer: As an Employer, What Are My Parental Leave Obligations?

Posted April 26, 2019 in Top Stories, Legal Insights

Ask a Lawyer: As an Employer, What Are My Parental Leave Obligations?

Question: One of my employees recently shared with me that she is expecting a baby. We’re a small, but growing company, with about 25 employees. I know we’re not covered by the Family and Medical Leave Act, but I want to make sure we handle everything in the right way. What are our obligations for parental leave, if any, and how do other companies handle that process?

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