David Katz

David Katz

Mintz Levin

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AT&T “Prisoners” Can’t Escape Common Sense: D.C. Circuit Shackles NLRB T-shirt Decision

In a refreshing decision for employers, the D.C. Circuit Court of Appeals earlier this month tossed an eyebrow-raising NLRB decision which permitted AT&T customer-facing and publicly visible technicians to wear faux prison...more

7/21/2015 - ALJ Appeals AT&T Discipline Estoppel NLRB Public Relations Special Circumstances Doctrine Union Related-Speech Unions Work Suspensions

Rocky Mountain High Part II: Colorado’s Highest Court Approves Employer’s Stance that Employee Toke is No Joke

Last week the Colorado Supreme Court ruled that an employer can fire an employee for use of medical marijuana away from the workplace. The case is Coats v. Dish Network, No. 13SC394 (June 15, 2015). The plaintiff is a...more

6/29/2015 - CO Supreme Court Disability Hiring & Firing Marijuana Medical Marijuana Reasonable Accommodation Termination Wrongful Termination

No Parade for Employers: NLRB Judge Invalidates Several Policies in Macy’s Handbook

The NLRB continued its assault on employee handbooks and policies, as an administrative law judge recently found several provisions in the Macy’s handbook, including the confidential information policy, to be unlawful, as...more

6/5/2015 - Confidential Information Data Protection Employee Handbooks Employer Liability Issues NLRB Non-Disclosure Agreement Protected Concerted Activity

Will the Second Circuit “Like” the NLRB’s Recent Stance on Social Media? An Update on the Facebook “Like” Firing Case

The NLRB last week filed its brief at the Second Circuit Court of Appeals in the well-publicized Facebook “Like” firing case, Three D, LLC v. NLRB. Prior to the appeal, we discussed the NLRB’s August 2014 ruling here as part...more

4/29/2015 - Employer Liability Issues Facebook NLRA NLRB Social Media Social Media Policy Termination

2015 Employment Law Issues Tournament: The Championship (and the First-Ever Rendition of One Shining Lawsuit)

Sixty-four employment law issues have become just two after an exciting Final Four. Last night, while Wisconsin and Duke played each other in the NCAA championship, the Wage and Hour Collective Actions and the Retaliation...more

4/8/2015 - Collective Action Waivers Collective Actions Employer Liability Issues Retaliation Wage and Hour

2015 Employment Law Issues Tournament: Sweet Sixteen Results and Recaps

The Sweet Sixteen has come and gone and it was glorious. Streamed live over our new Apple Watches, 16 employment law issues battled it out for the right to move onto the Elite Eight, which will be held next week at Sixth...more

3/25/2015 - Discrimination FMLA Non-Compete Agreements Wage and Hour

High Court Sides with DOL, Holding that Agencies May Flip-Flop on Regulatory Interpretations Without Engaging in...

In June, we wrote that the U.S. Supreme Court agreed to address whether a federal agency (in this case, the Department of Labor) must engage in formal notice-and-comment rulemaking in order to significantly alter its...more

3/10/2015 - Administrative Procedure Act DOL FLSA Mortgage Loan Originators Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Statutory Interpretation

You Take the Good, You Take the Bad: NJ High Court Offers Employers Avenue to Limit Vicarious Liability in Harassment Suits; But...

In Aguas v. State of New Jersey, the New Jersey Supreme Court recently adopted an affirmative defense—available under federal law since 1998—allowing employers to use their anti-harassment policies to limit vicarious...more

3/3/2015 - Affirmative Defenses Anti-Harassment Policies EEOC Faragher/Ellerth defense Hostile Environment Standard of Review Supervisors Vicarious Liability

Don’t Sleep on this New Jersey Employers: State Supreme Court Adopts More Stringent Test to Claim Independent Contractor Status

Recently, in Hargrove v. Sleepy’s, LLC, the New Jersey Court issued a unanimous decision raising the bar for New Jersey employers seeking to classify individuals as independent contractors under New Jersey’s Wage Payment Law...more

1/27/2015 - ABC Test Employee Definition Employer Liability Issues FLSA Independent Contractors Misclassification Sleepy's Wage and Hour

Back at it Again: NLRB Invalidates Employer’s “Overbroad” Solicitation Rule

We have posted extensively about the NLRB’s crusade against overbroad workplace policies, ranging from social media policies to workplace conduct and disciplinary policies and everything in between. Well the Board is back at...more

12/16/2014 - Employer Liability Issues Employment Policies Mercedes-Benz NLRA NLRB Solicitation/Distribution Policies

Update: New Jersey Supreme Court to Address Contractually-Shortened Statute of Limitation Provisions

Over the summer, we posted about an interesting New Jersey appellate court decision (Rodriquez v. Raymours Furniture) enforcing a provision in a job application that reduced the period in which an employee could sue an...more

12/10/2014 - Adverse Employment Action Employer Liability Issues Job Applicants Petition for Writ of Certiorari Statute of Limitations

Like a Bad Penny, Discharged AT&T Employee Turns Up Years Later Despite No-Rehire Agreement; New Jersey Appellate Court Affirms...

The inclusion of a “no-rehire” provision in separation agreement is fairly commonplace. Likewise, a damages provision (including liquidated damages and attorneys’ fees) in the event of a breach by the former employee are...more

9/25/2014 - AT&T Damages Liquidated Damages Separation Agreement

Appellate Courts in New Jersey and New York Both Rule that a Contract May Reduce Statute of Limitations on Employment Claims

Earlier this summer, a New Jersey appellate court, in Rodriquez v. Raymours Furniture enforced a provision in an employment application that reduced the period in which an employee could sue an employer to six months from the...more

8/25/2014 - Adverse Employment Action Employment Application Statute of Limitations

Governor Christie Vetoes New Jersey Unemployment Discrimination Bill

In somewhat of a surprise move, in the same week that New Jersey Governor Chris Christie signed into law the Opportunity to Compete Act, which prohibits employers from inquiring about job candidates’ criminal histories early...more

8/19/2014 - Chris Christie Legislative Vetoes Popular Unemployment Unemployment Discrimination

Governor Christie Signs Scaled-Back Opportunity to Compete Act – New Jersey’s Ban the Box Bill

We previously wrote about New Jersey’s proposed “ban the box” measure, known as the Opportunity to Compete Act, a law that would prohibit employers from inquiring about job candidates’ criminal histories early in the hiring...more

8/13/2014 - Ban the Box Criminal Background Checks Employee Rights Job Applicants

New Jersey Likely Next to Ban Discrimination Against the Unemployed

Earlier this month, we wrote about New Jersey’s proposed “ban the box” measure—a law that would prohibit employers from inquiring about job candidates’ criminal histories early in the hiring process—heading to Governor Chris...more

7/28/2014 - Discrimination Employer Liability Issues Hiring & Firing Proposed Legislation Unemployment Discrimination

New Jersey’s “Ban the Box” Bill Sent to Governor Christie’s Desk; Final Version More Employer-Friendly

In December, we wrote about New Jersey’s proposed “ban the box” measure, known as the Opportunity to Compete Act, making its way through the legislature – a law that would prohibit employers from inquiring about job...more

7/8/2014 - Ban the Box Criminal Background Checks Employer Liability Issues Hiring & Firing Job Applicants Legislative Process Pending Legislation

Supreme Court to Review Whether Rulemaking is Required When DOL and Other Agencies Flip-Flop on Regulatory Interpretations

Last week, the U.S. Supreme Court agreed to review whether the Department of Labor must engage in notice-and-comment rulemaking in order to significantly alter its interpretation of the agency’s Fair Labor Standards Act...more

6/23/2014 - DOL Employment Policies FLSA Over-Time Rulemaking Process SCOTUS Wage and Hour

Employees Need Not Identify Specific Law, Rule or Regulation Violation in Pleading Retaliation Claim Under New York’s...

Earlier this month, in Webb-Weber v. Community Action for Human Services, Inc., New York’s highest court overruled several appellate court cases in holding that an employee need not identify the specific law, rule or...more

5/29/2014 - Corporate Counsel Employer Liability Issues Retaliation Whistleblower Protection Policies Whistleblowers

Another Judge Finds that Obesity May be a “Disability” Under the ADA

Yet another federal court judge, the Honorable Stephen N. Limbaugh, Jr. of the Eastern District of Missouri, recently ruled, in Whittaker v. America’s Car-Mart, Inc., that an employee’s severe obesity could constitute a...more

5/7/2014 - ADA ADAAA American Medical Association Disability Employer Mandates Obesity

Over Hill, Over Dale, the NLRB Pens Another Cautionary Tale: Board Strikes Down Work Rules Prohibiting Negativity and Gossip

The NLRB is back at it, finding last week in Hills and Dales General Hospital, that seemingly innocuous policies prohibiting negativity and gossip in the workplace and requiring employees to represent their employer in a...more

4/14/2014 - Employee Rights Employer Liability Issues Hospitals NLRB

Undercover Competitor: Modell’s CEO Allegedly Masquerades as Dick’s Sporting Goods Executive, Taking Corporate Espionage to a New...

Dick’s Sporting Goods has sued Modell’s Sporting Goods and its prominent fourth-generation CEO, Mitchell Modell, claiming Modell brazenly visited a Dick’s retail location and impersonated a Dick’s executive to unlawfully gain...more

3/7/2014 - CEOs Identity Theft Industrial Espionage Unfair Competition

Rocky Mountain High: Colorado High Court to Weigh in on Employers’ Ability to Enforce Drug Policies in the Face of...

Last week the Colorado Supreme Court decided to review a 2013 appellate court decision holding that Colorado employers may lawfully terminate employees for their off-duty use of medical marijuana even if they are not impaired...more

2/7/2014 - Decriminalization of Marijuana Disability Discrimination Dish Network Drug Testing Hiring & Firing Human Resources Professionals Marijuana Medical Marijuana Termination

Is New Jersey’s “Need Not Apply” Law Prohibiting Employers from Publishing Ads Discouraging Unemployed Job Seekers from Applying...

New Jersey’s Appellate Division last week upheld a 2011 statute (N.J.S.A. 34:8B-1) that bars employers seeking to fill job vacancies in New Jersey from knowingly publishing advertisements stating that job applicants must be...more

1/15/2014 - First Amendment Free Speech Job Applicants Unemployment Unemployment Discrimination

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