UPDATE: In an order issued Jan. 13, 2022, the United States Supreme Court stayed enforcement of federal OSHA’s COVID-19 Vaccination and Testing ETS pending the disposition of the petitions for review in the Court of Appeals...more
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The COVID-19 pandemic has impacted many areas of the employment landscape. Job descriptions, essential functions, ADA accommodations, undue hardship, and Title VII religious accommodations are all areas that have been...more
Plaintiffs’ lawyers are exploiting Minnesota’s confusing tip-pooling laws to bring class-action lawsuits against restaurateurs. These cases entail substantial costs, both in defending them and in potential damages....more
Restaurants are getting hit with tip-pooling class action lawsuits. Now is the time to audit your practices, or, at the very least, review your tip pooling policies. This is especially important for Minnesota restaurateurs,...more
3/5/2020
/ Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Food Service Workers ,
Hospitality Industry ,
Restaurant Industry ,
State Labor Laws ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
Approximately two years ago, a number of employers received charges of discrimination alleging that they discriminated against applicants by restricting the recipients of employment advertisements on Facebook. The EEOC just...more
Employers are now required to comply with the civil provisions of Minnesota’s new Wage Theft Statute, which went into effect last week on July 1. This week, the Minnesota Department of Labor & Industry (DOLI) updated its Wage...more
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...more
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”)...more
5/21/2019
/ Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Defense Strategies ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Indemnification ,
Independent Contractors ,
Limited Liability Company (LLC) ,
Misclassification ,
Non-Compete Agreements ,
Third-Party Service Provider ,
Wage and Hour
A little over a year ago, three major employers—T-Mobile, Amazon, and Cox Communications—were sued for allegedly discriminating on the basis of age in the way they recruited new employees via Facebook. The plaintiffs’ lawyers...more
1/21/2019
/ Age Discrimination ,
Amazon ,
Class Action ,
Communication Workers of America ,
Cox Communications ,
Employer Liability Issues ,
Employment Litigation ,
Facebook ,
Hiring & Firing ,
Job Ads ,
Online Advertisements ,
Recruitment Policies ,
Social Networks ,
T-Mobile