On August 20, 2018, the California Supreme Court ruled in Connor v. First Student, Inc. that employers must comply with two overlapping state statutes that regulate the procedures for procuring and using background checks for employment.
On August 16, 2018, San Antonio became the second city in Texas to pass a paid sick leave ordinance, which requires that employers provide one hour of paid sick leave for every 30 hours worked. While the ordinance takes effect on January 1, 2019, most of the requirements do not become effective until August 2019.
Posted August 10, 2018 in Top Stories
Nilan Johnson Lewis is proud to announce attorney Tyler Adams has been certified as a Real Property Law Specialist by the Minnesota State Bar Association.
Recently, the departments of Justice (DOJ) and Labor signed a memorandum of understanding to work together on President Trump’s “America First” agenda. In the agreement, the departments will share information on employers, refer issues to the appropriate officials at each department and offer training to each other’s staff with the goal of uncovering companies that “discriminate” against U.S. workers by hiring foreign employees.
On August 1, 2018, some Minnesotans diagnosed with obstructive sleep apnea or autism will be able to use medical cannabis to alleviate symptoms associated with those conditions for the first time.
Posted July 30, 2018 in Top Stories
Nilan Johnson Lewis is proud to announce shareholder Veena Iyer, an attorney in the labor and employment practice area, has been named a “Minnesota Lawyer Diversity & Inclusion” honoree.
On Thursday, July 26, the California Supreme Court held that California employers may no longer ignore or fail to compensate for small amounts of time that non-exempt employees work simply because recording that time is administratively difficult. This is an alarming departure from the de minimis defense employers have for federal wage-and-hour claims and warrants immediate attention by California employers.
On June 28, 2018, Massachusetts Governor Charlie Baker signed a bill reforming several employment laws and creates one of the most employee-generous paid family and medical leave programs in the country. The program, which will be funded by a combination of payroll deductions and employer contributions, guarantees up to 26 weeks of paid leave for current and some former employees, and allows self-employed contractors to opt into the program.
Posted July 9, 2018 in Top Stories
Eleven attorneys from NJL have been selected to the 2016 Minnesota Super Lawyers list. Seven attorneys from NJL have been selected to the 2016 Minnesota Rising Stars list.
Posted June 4, 2018 in Top Stories
Minneapolis-based national law firm Nilan Johnson Lewis is pleased to welcome Jen Middleton as an associate attorney working within the health care, and corporate and transactional services groups.
A California employer that does not pay its employees all required wages upon termination is liable for both the underpayment of wages and, if the failure to pay is “willful,” a “waiting time” penalty of up to 30 days’ wages. This is one of the ways a California wage-and-hour violation can become a very expensive mistake.
Posted June 2, 2018 in Top Stories
Nilan Johnson Lewis (NJL) is proud to announce that it has again been named to Law 360’s “Best Law Firms for Female Attorneys” list, a ranking published as part of the news organization’s annual Glass Ceiling report. The firm placed No. 18 among all U.S. legal services firms employing at least 20 but fewer than 150 lawyers.
On May 30, 2018, the Duluth City Council passed an ordinance requiring private employers to provide paid sick and safe leave to employees, following other Minnesota cities like Minneapolis and St. Paul. The ordinance takes effect on January 1, 2020. Because this is a contentious issue, we expect to see additional amendments before the ordinance takes effect.
The #MeToo movement shed a light on the fact that sexual harassment in the workplace is still a major problem, and employers need to reassess their policies and practices. Supporting the personal experiences of women, the Pew Research Center recently …
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.
July 15, 2018, marks the 20th birthday for “ban the box” legislation, e.g., the practice of removing the checkbox found on job applications for divulging past criminal records so that candidates’ qualifications can be considered without the stigma of past …
Employers Are Walking the Tightrope Between Maintaining a Civil Work Environment and NLRA Compliance
Lately, employers have often found themselves performing a difficult balancing act between compliance with the National Labor Relations Act (NLRA) and maintaining a non-hostile work environment. This stems from two recent cases brought before the National Labor Relations Board (NLRB), …
The California Supreme Court is considering whether employers in the state must pay their employees for the short amount of time it takes to do tasks not counted by normal clocking technologies. For example, do employers need to pay for …
On May 9, 2018, the Hennepin County District Court issued an order largely upholding Minneapolis’s Sick and Safe Time Ordinance, which provides for sick and safe leave. However, Minneapolis cannot enforce the ordinance against non-resident employers (i.e. employers that do …
U.S. Census Bureau data indicates that in 1960, a woman made 60 cents to every dollar made by a man. Fifty-six years later, things haven’t changed much. The median male between the ages of 25 and 54 earns $41,000 whereas the …