Monday, May 14, 2018

California Supreme Court Establishes New Employee-Friendly Misclassification Standard


Employers that have operations or contractors working in California, beware. On April 30, 2018, the California Supreme Court issued an opinion establishing a new pro-employee standard in worker misclassification cases arising under California state wage and hour law. The opinion overturned three decades of precedent and will likely lead to more rulings that “independent contractors” have been misclassified and are actually employees.

Friday, May 4, 2018

Legislation Proposed to Significantly Alter Minnesota Sexual Harassment Law


Last week, a bipartisan group of Minnesota legislators introduced legislation that, if enacted, would significantly alter sexual harassment law for Minnesota employers. The proposed legislation would amend the Minnesota Human Rights Act (MHRA) to eliminate the decades-old requirement that sexual harassment be “severe or pervasive” to be legally actionable. This proposed change comes amidst the #MeToo movement, which has prompted talk around the country about potential changes to harassment law to foster more respectful and nondiscriminatory work environments. The proposed legislation also follows the resignations last fall of several Minnesota legislators accused of sexual harassment and the Minnesota Legislature’s revamp of its own internal harassment policy and response processes.