In Glatt v. Fox Searchlight Pictures, Inc., 791 F.3d 376 (2d Cir. 2015), the Second Circuit held that to determine whether an unpaid intern is an employee under the Fair Labor Standards Act of 1938 (“FLSA”), courts should conduct a fact-intensive inquiry under a non-exhaustive set of seven factors that focuses on the educational aspects […]
Minnesota Supreme Court Rejects Reallocation of Damages to Severally Liable Parties
Under the law, parties can be held either “severally” or “jointly and severally” liable for damages. Under the first category, called several liability, a party is only liable for the harm it caused. Under the second category, called joint and several liability, a party is liable for the harm both parties caused. What if two […]
Eighth Circuit Recognizes Cat’s Paw Liability Under Minnesota Whistleblower Act
In Chavez-Lavagnino v. Motivation Educ. Training, Inc., 767 F.3d 744 (8th Cir. 2014), the Eighth Circuit held an employer liable for violating the Minnesota Whistleblower Act, Minn. Stat. § 181.932, and for wrongful termination in violation of public policy, despite the fact that the employer did not give authority to fire employees to the supervisor […]
Supreme Court Limits the Definition of “Supervisor”
On June 24, 2013, the United States Supreme Court issued a decision applauded by some employer groups and derided by certain employee rights organizations as antithesis to workers’ rights. In Vance v. Ball State University, 570 U.S. 421 (2013), the Court held that an employee is a “supervisor” for purposes of establishing vicarious liability under […]
Workplace Defamation Claims in Minnesota
NOTE: This article originally appeared in the August 2012 issue of Bench & Bar of Minnesota and has not been updated. Workplace gossip has moved beyond the water cooler into cyberspace, combining with high unemployment and increasing damages awards-not to mention Minnesota’s somewhat unique theory of compelled self-publication-to heighten the potential for defamation claims arising […]
Duty-of-Loyalty Claims in Minnesota
NOTE: This article was originally published in the October 2011 issue of Bench & Bar of Minnesota and has not been updated. Society has an interest in encouraging entrepreneurial employees to launch new businesses and also to ensure that those same employees perform their duties to their employers in good faith. Apart from the strictures […]
Final ADA Regulations Clarify Increased Coverage for Employees
Last year the Equal Employment Opportunity Commission (“EEOC”) issued final guidelines interpreting the ADA Amendments Act of 2008 (“ADAAA”). The final ADA regulations went into effect on May 24, 2011, and they make it easier for employees to be protected under the law. The final regulations confirm that the term “disability” is defined broadly, and lowers the […]
Trade Secret Law: The Inevitable Disclosure Doctrine
The inevitable disclosure doctrine (“IDD”) allows courts to issue temporary or permanent injunctive relief to prevent an employee from working at a competitor under circumstances where the employee’s new job duties will inevitably cause the employee to rely upon knowledge of the former employer’s trade secrets. When followed by the courts, the IDD can be […]
The Dodd-Frank Act: Expansion of Whistleblower Protections
The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”), Pub. L. No. 111-203, H.R. 4173, 111th Cong. (2010), was signed into law on July 21, 2010 by President Obama. The Dodd-Frank Act provides substantial reform to the regulation of U.S. financial markets. The Act also expands whistleblower protection for employees by eliminating some defenses […]
New Regulations Require Federal Contractors to Notify Employees of Rights Under Federal Labor Laws
Introduction Effective June 21, 2010, federal contractors and subcontractors will be required to notify employees about their rights under the National Labor Relations Act (“NLRA”), pursuant to final regulations issued by the Office of Labor-Management Standards of the United States Department of Labor (“DOL”) on May 20, 2010. Under the final regulations, federal contractors and subcontractors […]