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No Sudden Moves Despite Trump Executive Order to Dismantle ACA

On October 12, 2017, President Trump signed an executive order asking his administration to begin dismantling many key provisions in the Affordable Care Act through the rulemaking process. Most significantly, the order tasks the Department of Labor, the Treasury Department, and the Department of Health and Human Services to expand access to and loosen restrictions on both association health care plans (which let small employers group together to form a larger pool and avoid state coverage requirements) and short-term plans (which are for individuals seeking to be covered for up to three months and are not subject to most of the ACA’s regulations). More >

California Whistleblowers Gain Easier Route to Reinstatement

This week, California passed a law that delivers a major expansion of employee rights within the state. Once Senate Bill 306 goes into effect at the start of 2018, a court will be able to order immediate reinstatement of a whistleblower plaintiff if the plaintiff merely shows “reasonable cause” exists to believe the termination was unlawful. More >

Despite Attorney General’s Memo, Employers Should Prohibit Gender Identity Discrimination

On October 4, 2017, Attorney General Jeff Sessions issued a memorandum that the Department of Justice is reversing its position with regards to discrimination on the basis of gender identity. Under the Obama administration, the Justice Department previously announced that it considered discrimination on the basis of gender identity to be a form of sex discrimination under Title VII. More >

Employers Shouldn’t Jump to Any DACA Conclusions

The Trump administration announced it is rescinding DACA, or the Deferred Action for Childhood Arrivals, with Attorney General Jeff Sessions noting the Department of Justice could not defend the program in court. As a practical matter, DACA’s rescission will result in employers having to terminate the employment of members of the workforce. In doing so, employers must ensure any employment decisions are made based on actual knowledge of employment authorization and not suspicions or assumptions about an employee’s immigration status either from the employer or a manager. More >

Employers Feeling Late Summer Heat on I-9 Compliance

If it’s not already clear to employers that Uncle Sam means business regarding employment eligibility, the end of summer may serve as a loud wake-up call. Last August, the U.S. DOJ, DHS and DOL together announced a doubling of civil fines for violations of Form I-9 requirements, which raised the ceiling for a single paperwork violation to a potential whopping $2,156. More >

MN Vikings Foundation Launches

Congratulations to the Minnesota Vikings for launching their charitable organization, Minnesota Vikings Foundation. The organization is dedicated to advancing the well-being of youth through engaging health and education initiatives. Read more about the new foundation here. More >

The Questionable Non-Compete: How to Hire Someone but Avoid a Tortious Interference Claim

The Scenario: Your company has a great applicant for a job opening, Jane, but you learn during the interview process that Jane signed a non-compete agreement with her current employer. You can quickly spot some reasons why the non-compete is unenforceable. You acknowledge there is some risk in hiring Jane, though, including that her current employer may sue Jane for breaching the contract and your company for interfering with her contract—a tortious interference claim. So, now what? Setting aside Jane and her own legal risks, what specific steps should you take to set up your best defense to a claim that your company interfered with Jane’s contract? More >