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Newsroom image for the post Minnesota Restaurateurs: Fix Your Tip Pools Before You’re Hit with a Tip-Pooling Class Action Lawsuit

Posted March 4, 2020 with Tags , , ,

Minnesota Restaurateurs: Fix Your Tip Pools Before You’re Hit with a Tip-Pooling Class Action Lawsuit

Restaurants are getting hit with tip-pooling class action lawsuits. Now is the time to audit your practices, or, at the very least, review your tip pooling policies. This is especially important for Minnesota restaurateurs, as they face the difficult challenge of complying with the state’s unique tip-pooling statute—which is unlike federal laws and those of other states. Restaurants can make specific changes now to meet the law’s requirements and avoid class action litigation.

Newsroom image for the post Employers and Coronavirus: A Brief Guide

Posted March 2, 2020 with Tags , ,

Employers and Coronavirus: A Brief Guide

The circumstances surrounding COVID-19 (commonly referred to as the “coronavirus”) are unfolding each day. Currently, there is no evidence of widespread transmission of COVID-19 in the U.S. Indeed, the Centers for Disease Control and Prevention (CDC) advise that most American workers are at a low risk of contracting coronavirus absent sustained human-to-human transmission with infected travelers from abroad or other close contact with infected persons. Nonetheless, as individuals take steps to prepare for a potential outbreak, employers must also prepare for the possibility of a workforce impacted by an outbreak of COVID-19. There are several legal issues to consider.

Posted March 2, 2020 with Tags

Charting a Safe Course into Equal Pay “Safe Harbors”

The rising tide of state pay equity legislation shows no sign of abating, with several new laws set to become effective in 2020 and 2021. Many of these laws differ from the federal Equal Pay Act by defining comparable work more broadly, limiting the factors on which employers can rely to justify pay disparities, and imposing additional penalties. A handful of the laws also attempt to balance these new burdens on employers by creating “safe harbors” for those who proactively assess and address their pay gaps.

Newsroom image for the post Minnesota to Ban All Non-Competes and Non-Solicits?

Posted February 28, 2020

Minnesota to Ban All Non-Competes and Non-Solicits?

The Minnesota legislature is currently considering HF 3673, which purports to ban all non-compete agreements with all employees, and may also ban all customer non-solicit and non-disclosure agreements. The language of the bill—which currently has 30 co-sponsors—is confusing and internally contradictory, so its progress through the legislative process warrants close watching.

Newsroom image for the post NJL Names Pablo Orozco as Leadership Council on Legal Diversity Fellow

Posted February 26, 2020

NJL Names Pablo Orozco as Leadership Council on Legal Diversity Fellow

Nilan Johnson Lewis has chosen shareholder Pablo Orozco to be a member of the 2020 class of Fellows, participating in a landmark program created by the Leadership Council on Legal Diversity (LCLD) to identify, train, and advance the next generation …

Newsroom image for the post California Employers: CA Supreme Court Takes Aim at Wage Laws, Contradicts Federal Law

Posted February 14, 2020

California Employers: CA Supreme Court Takes Aim at Wage Laws, Contradicts Federal Law

California wage laws have taken another alarming departure from federal standards. The highest state court recently held in Frlekin v. Apple that non-exempt employees must be paid for the time their bags and personal belongings are inspected before leaving the office. According to the California Supreme Court, that time is compensable even though the employees brought the items voluntarily and for their own benefit. The determinative question for the court was whether they remained under the employer’s control during inspection time.

Newsroom image for the post What Companies Should Know About CCPA

Posted February 6, 2020

What Companies Should Know About CCPA

The California Consumer Protection Act (CCPA) went into effect January 1, 2020, though the enforcement of the CCPA is delayed until July 1, 2020. The obligations set forth below will apply to all parties; however, the application to B2B or employer/employee situations are delayed for implementation until 2021. In the implementing regulations, the California Attorney General had hoped to provide clarity to CCPA, but there remain ambiguities.

Newsroom image for the post Recent IoT Class Actions Highlight Need for Manufacturers & Vendors of Connected Products to Be Aware of Liability Risks

Posted January 28, 2020

Recent IoT Class Actions Highlight Need for Manufacturers & Vendors of Connected Products to Be Aware of Liability Risks

The Internet of Things (IoT) products have become a way of life. There are huge benefits of “smart” products, which interact through the internet to gather and exchange data to provide additional functions, security, and easy use for consumers. These “smart” products are present in our everyday lives, including such standard products as refrigerators, watches, fire alarms, door locks, security systems, and fitness trackers. These are only a few examples of the many IoT products on the market today. However, in spite of the significant benefits provided by connected products, the new technology raises thorny legal issues and is leading to litigation.

Posted December 23, 2019

Private Foundation Tax Simplified and Lowered

On Friday, December 20, 2019, President Trump signed a $1.4 trillion spending package that included simplification of the taxes paid by private foundations.

Newsroom image for the post Federal Courts Turn Away Challenges to FDA’s e-Cig Regulations

Posted December 18, 2019

Federal Courts Turn Away Challenges to FDA’s e-Cig Regulations

On Monday, December 16, 2019, the U.S. District Court for the Southern District of Mississippi granted the U.S. Food and Drug Administration’s motion to dismiss a lawsuit filed by trade organization United States Vaping Association and Big Time Vapes, Inc., a vape store in Mississippi, challenging the U.S. Food and Drug Administration’s (FDA) authority to regulate e-cigarettes.

Posted December 6, 2019

ABA Opines on Lawyer Non-competes, But Does It Apply to In-House Counsel?

The American Bar Association just issued an opinion about what lawyers and law firms can and should do when lawyers move from one firm to another. A key point of the opinion is that, according to the ABA, “ethics rules do not allow non-competition clauses in partnership, member, shareholder, or employment agreements” among attorneys. Remember, though, that these rules may not be the ultimate authority in the in-house counsel context.

Newsroom image for the post Nilan Johnson Lewis Hires New Associate, Mai Lee Yang

Posted November 4, 2019

Nilan Johnson Lewis Hires New Associate, Mai Lee Yang

Minneapolis law firm Nilan Johnson Lewis announces it has added Mai Lee Yang as an associate, effective immediately. Yang brings more than five years of legal services experience to the firm. Her practice has focused on assisting health care companies, providers, insurers and plans, as well as medical device manufacturers, clinical laboratories and other clients with compliance and transaction needs involving federal and state laws, regulations and sub-regulatory guidance. 

Posted October 24, 2019 with Tags

Overview for Employers: More State Pay Equity Laws Coming Online

New pay equity requirements have already taken effect in 2019 in Alabama, California, Connecticut, Delaware, Hawaii, Illinois, Oregon, and the State of Washington. And this trend isn’t slowing down, as even more requirements are slated to take effect in fall 2019 and beyond, including in Colorado, Oregon, New York, and New Jersey. Employers should take care to review their recruiting, interviewing, and other hiring practices—many of these new laws join the growing, nationwide trend banning pre-employment inquiries about salary history.

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