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Posted August 9, 2017 in Top Stories, Legal Insights

MN Supreme Court Redefines “Good Faith” Under MN Whistleblowers Act

On August 9, 2017, the Minnesota Supreme Court redefined what “good faith” means under the 2013 amendment of the Minnesota Whistleblowers Act (MWA). In Friedlander v. Edwards Life Sciences, LLC, the Court concluded that its prior interpretations of "good faith" gave the phrase a meaning different from the definition provided in the 2013 amendment and, as a result, those prior decisions are abrogated. The Court reasoned that any other conclusion would render the "good faith" definition section of the 2013 amendment superfluous.

Newsroom image for the post Washington’s Whiplash: Sexual Orientation Discrimination and Title VII

Posted July 27, 2017 in Top Stories, Legal Insights

Washington’s Whiplash: Sexual Orientation Discrimination and Title VII

In the last six months, the scope of federal protection against discrimination on the basis of sexual orientation (and gender identity) has been a hot topic in the courts and Trump administration. During the Obama administration, federal agencies and the Department of Justice argued in favor of such protection. The Trump administration is taking the opposite approach, and yesterday the Department of Justice filed an amicus brief in the Second Circuit explicitly arguing that Title VII does not prohibit sexual orientation discrimination. The courts are divided. In the spring of 2017, the Seventh Circuit ruled that sexual orientation discrimination is sex discrimination under Title VII, while the Eleventh Circuit rejected that view. The Second Circuit is weighing the issue, and in the meantime, what's an employer to do?

Posted July 19, 2017 in Top Stories, Legal Insights

How Employers Can Avoid California Labor Code Section 925

Many non-California employers view the enactment of California Labor Code Section 925 as destroying any possibility of avoiding the state’s restrictive covenants laws for California-based employees. But there is hope! With creative legal counsel, employers can draft agreements that do not implicate the statute and avoid its application in litigation.

Newsroom image for the post Is Waiver the New Flavor of Health Care Reform?

Posted June 27, 2017 in Top Stories, Legal Insights

Is Waiver the New Flavor of Health Care Reform?

The U.S. Senate’s health care reform bill, the Better Care Reconciliation Act (“BCRA”), contains some eye-catching changes to the Affordable Care Act ("ACA"), like substantial reductions in Medicaid funding – and some that are subtle but substantial, like Section 1332 waivers.

Newsroom image for the post City of Minneapolis Releases Draft Minimum Wage Ordinance

Posted June 6, 2017 in Top Stories, Legal Insights

City of Minneapolis Releases Draft Minimum Wage Ordinance

As expected, the Minneapolis City Council released its draft ordinance implementing a minimum wage increase. The draft ordinance includes extraterritorial application—meaning that it will apply to employers outside of Minneapolis if their employees work for a minimal amount of time in the City, a provision which will almost certainly face legal challenge—and no tip credit.

Newsroom image for the post 501(r) Audits Are Here: What You Need to Know

Posted May 31, 2017 in Top Stories, Legal Insights

501(r) Audits Are Here: What You Need to Know

The Affordable Care Act imposed new requirements on tax-exempt hospitals under Section 501(r) of the Internal Revenue Code. Section 501(r) and its implementing regulations present a complex framework intended to promote “charitable” behavior by tax-exempt hospitals. By way of example, 501(r) requires a hospital to assess and address community health needs and to adopt billing and collection practices aimed at ensuring that patients who have a limited ability to pay for care are treated fairly.

Newsroom image for the post New Minnesota Law Aims to Curtail Opportunistic Disability Lawsuits by Mandating 60-day Notice Period

Posted May 25, 2017 in Top Stories, Legal Insights

New Minnesota Law Aims to Curtail Opportunistic Disability Lawsuits by Mandating 60-day Notice Period

The bill—which passed through the Legislature with strong bipartisan majorities and took effect on May 24, 2017—says that any attorney or person represented by an attorney can no longer bring a lawsuit alleging violations of the MHRA’s architectural accessibility requirements unless he or she first sends a notice to the business in question.

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