A recent Minnesota Court of Appeals decision reiterates the need for employers to provide a guaranteed benefit rather than an opportunity to receive a benefit in a post-employment restrictive covenant. In The Valspar Corp. v. Mueller, the Minnesota Court of Appeals affirmed that the employer was unlikely to prove that a Restricted Stock Unit (RSU) […] More >
The days of the “company man” are seemingly over. Employees are changing jobs faster and more often, and that means their knowledge – and potential trade secrets – are leaving with them. In response, employers are using non-competes more and more often—but the tactic has unintended consequences. “Non-compete and trade-secret litigation has increased, which in […] More >
In a case of first impression, the Ninth Circuit Court of Appeals recently held that “an employee who cannot sit for more than four hours in an eight-hour workday cannot perform ‘sedentary’ work that requires ‘sitting most of the time.’” Armani v. Northwestern Mutual Life Insurance Company, 840 F.3d 1159, 1163 (9th Cir. 2016). This […] More >
On March 15, the City of Minneapolis issued new guidance in the form of draft FAQs regarding its Sick and Safe Time Ordinance, scheduled to take effect July 1, 2017. The FAQsprovide some insight into the City's interpretation of the ordinance and its enforcement priorities. The City will accept comments about the draft-form FAQs from the public until Saturday, April 15. More >
With cities like San Francisco and Seattle adopting predictive scheduling ordinances, should employers consider implementing strategies to get ahead of the growing trend? According to employment law attorneys from the Minneapolis-based Nilan Johnson Lewis, employers who choose to adopt flexible work place arrangements may see a benefit from the technology and tools used to administer […] More >
As more states pass stronger pay equity laws, employers need to be proactive about evaluating their practices. Recent laws passed in California, New York, Massachusetts, and Maryland, have expanded upon the federal pay equity laws to allow employees to more easily bring claims against their employers. “Previously, the bar for comparison that a plaintiff could […] More >
Proponents of social media have been calling for U.S. workers to walk off their jobs in a nationwide general strike on February 17 in light of recent political developments. Nationwide general strikes are common in Europe and in other countries around the world, but such an idea has never gained much traction in the United States. However, given the current political climate, employers should be prepared in the event workers decide to walk off the job. More >
Recent demonstrations highlight a significant passion for expressing dissent and opposition to the Trump administration and its public policy positions. Given the dramatic increase in queries we have received from our clients around permitted political activities, a review of the relevant limitations imposed by federal regulations on charities (organizations described in Internal Revenue Code 501(c)(3)) seems timely. More >
More and more business owners have found themselves on the receiving end of demand letters and lawsuits alleging that their websites are not in compliance with the Americans with Disabilities Act (ADA). The ADA—which forbids businesses that offer goods and services to the public (retail stores, restaurants, etc.) from discriminating against patrons on the basis of disability—was originally enacted to apply to brick-and-mortar establishments; but as consumers turn to purchase online, the law is being interpreted to apply to websites. More >
President Trump today announced his intent to overturn federal law known as the Johnson Amendment, which prohibits 501(c)(3) organizations from opposing or supporting any political candidate for office. More >
