Imagine a situation where a flight attendant wakes up in Las Vegas, flies to Washington, and catches a flight back to his or her home base in the Midwest. In Washington, there is mandatory paid sick leave law for employers …
On April 30, 2018, the California Supreme Court issued a ruling in Dynamex Operations West, Inc. v Superior Court that will make classification of workers more complex and threaten the gig economy business model. The Court ruled that employers must now rely on the standard commonly referred to as the “ABC” test in order to determine whether workers are employees or independent contractors.
On April 26, 2018, the 7th Circuit ruled that job applicants—not just employees—can assert age discrimination claims arising from facially neutral hiring policies. In Kleber v. CareFusion Corporation, the court departed from recent rulings by other courts—most recently the 11th Circuit in Villareal v. R.J. Tobacco Co.—which have held that only employees can claim that a company’s activities or policies had a “disparate impact” due to age.
In January 2018, the Department of Justice (DOJ) communicated that it would ramp-up criminal enforcement actions against companies that have no-poaching agreements, which in past years have been seen by the DOJ as a hall-pass allowing employers to avoid competing for workers, stifle demand in a market, and keep wages lower. A recent settlement with three employers, however, has reinforced the notion that not all no-poaching agreements are the same and helped define which kinds of no-poaching agreements may or may not lead to civil or criminal liability.
The Ninth Circuit ruled that employers may not consider a new employee’s prior salary when setting his or her pay, either on its own or with other factors such as years of experience. The Court ruled that allowing employers to rely on prior salaries is incompatible with the broad principal of the Equal Pay Act, which states that men and women should receive equal pay for work.
Posted April 6, 2018 in Top Stories
Minneapolis-based law firm Nilan Johnson Lewis is pleased to announce the hire of Leah Kippola-Friske as an associate attorney working with both the products liability/mass tort and business litigation practice groups.
Posted April 6, 2018 in Top Stories
Nilan Johnson Lewis announced the hire of Mike Manerowski as case assistant for the Minneapolis-based firm’s labor and employment group. Manerowski has worked with law firms for more than 15 years, with several years of experience in case management. As the firm has expanded its national labor and employment practice, it has created a need for Manerowski’s organizational expertise, ensuring cases are even more efficiently managed and communication is maintained across attorney and client teams.
Posted April 4, 2018 in Top Stories
Joel O'Malley's article, "What makes Minnesota tip-pooling laws unique*," was published on Minnesota Lawyer. In the article, Joel outlines the complex laws leading to the large settlement Surly Brewing Co. recently paid in the tip-pooling lawsuit.
Posted March 21, 2018 in Top Stories
Congratulations to former NJL health care attorney Lindsay McLaughlin, who accepted a position with U.S. Senator for Minnesota Tina Smith as Outreach Director - Healthcare and Aging.
Posted March 16, 2018 in Legal Insights
In the wake of the #metoo movement, Nilan Johnson Lewis (NJL), a premier national law firm based in Minneapolis, introduces a legal service offering focused on anti-harassment for employers of all types and sizes, customized to each specific employer. NJL’s new service goes beyond “checking the box,” and helps organizations take proactive steps to address unhealthy workplace cultures, prevent sexual harassment, and respond promptly and decisively should it occur.
On March 6, the U.S. Department of Labor (DOL) announced a new pilot program for federal wage-and-hour compliance. The Paid Audit Independent Determination (PAID) Program offers employers the opportunity to self-audit their pay practices, resolve any violations, and obtain releases from those claims from employees.
If Trace-Asbestos Products Cause Comparable Exposure to What’s in the Natural Environment, Are Companies Liable?
Although asbestos has been a known carcinogen leading to mesothelioma and other conditions for decades, it has existed in multiple places, forms and concentrations, and scientists are unable to track the onset of such diseases to a specific root cause. Consequently, plaintiff lawyers often bring lawsuits against multiple parties and once and have succeeded in their attempts to bring these cases to trial by only needing to prove some degree of exposure to any given product containing asbestos, not that the certain product led to their injury, a theory called cumulative exposure.
Posted February 22, 2018 in Top Stories
In what seemed to be a fairly easy decision for the Justices, the U.S. Supreme Court in Digital Realty Trust Inc. v. Somers ruled on February 20, 2018, that Dodd-Frank's anti-retaliation provisions, including protections for whistleblowers, do not extend to individuals failing to report violations of securities laws to the SEC.
In the early hours of February 16, 2018, Austin, Texas, became the first Southern city to pass a paid sick and safe leave law. The final version is slated to go into effect on October 1, 2018, for most employers, although employers with five or fewer employees have a reprieve with an October 1, 2020, effective date. Opponents are already discussing potential preemption legislation, and so it remains to be seen whether the ordinance will go into effect or for how long.
Posted February 13, 2018 in Top Stories
On January 22, a lawsuit was filed in in the U.S. District Court for the Northern District of California in which the plaintiff accused General Motors of negligence stemming from an accident where a vehicle deploying self-driving technology collided with …
Citing a lack of federal movement on labor and employment issues, many states and localities are passing laws that impact issues such as minimum wage, paid sick leave and predictive scheduling.
Nilan Johnson Lewis labor and employment attorney Courtney Blanchard outlines predictive scheduling.
As employers begin to prepare for spring semester and summer break internships, their first step should be to review the “primary beneficiary test” adopted by the Department of Labor (DOL) on January 7. The test will be used to determine whether new hires are bona fide interns or employees.
Posted January 1, 2018 in Top Stories
Minneapolis-based law firm Nilan Johnson Lewis has promoted product liability and business litigation lawyers Benjamin Johnson and Matthew Murphy to shareholder, effective Jan. 1, 2018.
The California legislature and governor have had another busy year adding new laws and regulations for California employers. The changes hit virtually every aspect of the employment relationship – including applications, leaves of absence, wage-and-hour, discrimination, retaliation, immigration, and workplace notice requirements. Many new laws expand existing requirements to a broader array of employers. Here are the top ten laws requiring immediate attention for employers to comply.