Restaurant success used to be all about a winning menu, appealing décor and strong word of mouth. Nowadays, success also has a lot to do with compliance of labor and employment matters, as restaurants frequently find themselves at the center …
Watch this two-minute video tip from Nilan Johnson Lewis litigator, Brandie Morgenroth, who discusses pointers when removing a case to federal court based on diversity jurisdiction when an LLC is involved. The citizenship of each LLC member is material for diversity jurisdiction and that information is often not publicly available. Morgenroth discusses steps you can take to find the information as well as demonstrating your due diligence to the court in your removal papers.
On Jan. 25, 2019, the National Labor Relations Board (NLRB) issued an employer-friendly decision in SuperShuttle DFW, 367 N.L.R.B., No. 75 that added a wrinkle to the already complex patchwork of laws determining whether a worker is an employee or …
The Illinois legislature passed a bill on May 29, 2019, that would limit employers’ ability to use artificial intelligence (AI) in hiring. It seems likely that Governor Pritzker will sign it, since it passed unanimously in both houses.
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.
The City of Minneapolis announced on May 29 that it will require all employers located outside city limits to retroactively credit employees working in the city for paid sick time they have accrued since July 1, 2017.
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.
Thirty-three states have some form of legalized recreational or medical marijuana use as of April 2019, requiring many U.S. employers to rethink their rules and approaches when it comes to workers’ use of marijuana. In many of these states, medical …
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.
Nilan Johnson Lewis President Heidi Christianson is being honored at the St. Paul Area Chamber of Commerce Executive Reception, alongside other Twin Cities new executives. The reception takes place on May 23, 2019.
Labor and employment attorney Mark Girouard authored an article for The Journal of Robotics, Artificial Intelligence & Law on recognizing and managing the perils of using algorithms in recruiting and hiring.
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.
No area of labor and employment law has seen more state attention in the last two years than pay equity. California, New York, Massachusetts, and Maryland have passed legislation facilitating equal pay litigation and imposing additional regulatory requirements upon employers. 2019 promises to continue that trend.
Equal pay issues are receiving a great deal of attention in the media, at regulatory agencies, and in various state legislatures. Given all this attention, it is unsurprising plaintiffs’ law firms have been quick to jump on the equal pay bandwagon. Experienced plaintiffs’ class action firms have launched a variety of equal pay class or collective actions against employers. And those law firms have deployed a sophisticated array of tools to prosecute those claims.
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 …
On May 9, 2019, the 7th Circuit upheld the government’s Consumer Product Safety Act (CPSA) claims against Spectrum Brands, Inc. stemming from its failure to immediately notify the Consumer Product Safety Commission (CPSC) of a potential defect in coffee pots distributed by one of Spectrum’s affiliates.
Human resource departments nationwide are attuned to the California Supreme Court, which has received briefs and awaits argument later this year to address whether California’s generous wage-and-hour provisions apply to out-of-staters traveling to the state for work. Arising from claims …