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Posted June 6, 2019

Diversity Jurisdiction Involving an LLC: Everything You Need to Know [VIDEO]

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.

Newsroom image for the post NLRB Decision Adds to Patchwork of Employee Classification Standards

Posted June 5, 2019

NLRB Decision Adds to Patchwork of Employee Classification Standards

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 …

Posted June 3, 2019

Health Plans, PBMs Now on the Clock as Minnesota Enacts New Law for Drug Pricing Transparency

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.

Posted May 28, 2019

Home Health Care Misclassification Lawsuits Rising

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.

Newsroom image for the post Medical Marijuana Laws Creating New Protected Class of Employees

Posted May 24, 2019

Medical Marijuana Laws Creating New Protected Class of Employees

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 …

Posted May 21, 2019

Tech Support Independent Contractor Class Claims Climbing

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.

Newsroom image for the post Liability for Allegedly Unnecessary Product Recall?

Posted May 16, 2019

Liability for Allegedly Unnecessary Product Recall?

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.

Posted May 15, 2019 with Tags

Colorado Joins Ranks of States Adopting Equal Pay Statutes

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.

Posted May 15, 2019 with Tags

Wave of Equal Pay Lawsuits Continues to Build

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.

Newsroom image for the post The Bottom Line for Tip Credit Legislation

Posted May 15, 2019

The Bottom Line for Tip Credit Legislation

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 …

Newsroom image for the post 7th Circuit Affirms CPSA Penalties Against Spectrum Brands, Inc.

Posted May 10, 2019

7th Circuit Affirms CPSA Penalties Against Spectrum Brands, Inc.

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. 

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