The Title IX regulations were last amended in May 2020 by the Trump administration and faced an immediate—and largely unsuccessful—legal challenge. The Biden administration’s proposed regulations are a major departure from the current regulations. Among the changes, they expand the scope of covered conduct, eliminate many of the detailed Trump-era requirements for grievance procedures (including the controversial hearing and cross-examination requirements), make explicit protections for LGBTQI+ students, and add protections for pregnant students and employees.
Tag: Labor and Employment
The Minnesota legislature is currently considering HF999, which would ban all non-compete agreements with all Minnesota employees making less than a certain salary threshold, and would require garden leave payments for employees making higher incomes. The bill is being heard …
On January 7, 2022, the U.S. Supreme Court heard oral arguments over whether two sets of vaccine and testing mandates should go into effect: (1) the OSHA ETS, applying to private employers with 100 or more employees; and (2) the …
Originally published 11/08/21. Updated 12/01/21. As expected, the OSHA Emergency Temporary Standard (ETS) faced immediate legal challenge, and on Saturday, the Fifth Circuit Court of Appeals issued a stay blocking the law from going into effect. Below, we outline the …
Summary of President Biden’s Two Executive Orders on Mandatory Covid-19 Vaccines and Safety Protocols
On September 9th, President Biden signed two Executive Orders; one requiring COVID vaccines for federal employees and another ensuring adequate COVID safety protocols for federal contractors. The administration also announced plans to develop rules impacting private employers with more than …
The CDC released new guidance on masking and other issues for fully-vaccinated individuals. As a result, we recommend employers update their return-to-work policies, including the Minnesota Preparedness Plan or equivalent safety plan, to address the new guidance.
Congratulations to our very own Ellen Brinkman for her feature interview in Minnesota Lawyer’s Employment Law Edition of The Power of 30, which according to Minnesota Lawyer, is a new regular feature that “examines the power brokers who lead and …
Pay equity advocates have used a variety of mechanisms to pressure employers to prioritize pay equity in the workplace. These efforts include shareholder resolutions regarding pay equity, threats of divestiture, and public campaigns against particular employers. Recently, pay equity advocates have unveiled a new tactic to enhance pressure on public corporations to prioritize pay equity: failure to comply with their own pay equity promises. These lawsuits signal a new front in the activist war against perceived pay inequities.
With the presidential election looming, discussions about politics are happening in the workplace now more than ever. In the current political environment, these conversations may be disruptive and may not align with Equal Employment Opportunity and Harassment-Free Workplace Policies, diversity and inclusion goals, and organizational brands. This means that HR professionals and other supervisors walk a very fine line as they draw distinctions between what violates or contradicts employment policies versus free speech.
Posted October 8, 2020 with Tags Labor and Employment
Federal Contractors and Diversity Initiatives: Understanding the Executive Order on Implicit Bias Training and the Department of Labor’s Newest Enforcement Actions
In recent weeks, the federal government has increased its attention on diversity and inclusion initiatives undertaken by federal contractors. First, President Trump issued an Executive Order (EO) that appears—on its face—to prohibit implicit and unconscious bias trainings. Then the Department of Labor (DOL) opened a new hotline to receive complaints regarding discrimination by federal contractors. Since opening the hotline just days ago, the DOL has already commenced investigations into multiple federal contractors’ diversity initiatives, and not only trainings addressed by the EO.
Nilan Johnson Lewis Adds Corporate Immigration Law Expertise to Its Labor and Employment Law Practice
Law firm Nilan Johnson Lewis (NJL) announces it has expanded its labor and employment law offerings by adding the members of the corporate immigration law firm Myers Thompson Medeiros. Joining the firm’s labor and employment practice group are attorneys John Medeiros, Sam Myers, Elizabeth Thompson, Jesse Goldfarb, Mike Sevilla, and Rebecca Desnoyers along with five immigration case managers.
The #MeToo movement shed a light on the fact that sexual harassment in the workplace is still a major problem, and employers need to reassess their policies and practices. Supporting the personal experiences of women, the Pew Research Center recently …
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.
Jason Hungerford brings over seven years of experience in litigation, including several years of employment litigation involving non-compete work, whistleblower cases, individual and collective FLSA matters, and discrimination claims.
Posted January 14, 2014 with Tags law, minneapolis, nilan johnson lewis, Business Transactions, commercial litigation, Labor and Employment, law firm, product liability, promotions, real estate, shareholder
Nilan Johnson Lewis attorney Gregory A. Bromen has been promoted to shareholder, effective January 1, 2014.