Erin Horton

Erin Horton

Mintz Levin

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NLRB to Reconsider Whether Graduate Teaching Assistants at Private Universities Can Unionize

Last week, the National Labor Relations Board (the “Board”) voted 3-1 to reconsider its decision in Brown University, 342 NLRB 483 (2004) that graduate teaching and research assistants are not employees under the National...more

11/5/2015 - Brown University Collective Bargaining Graduate Students NLRA NLRB Quickie Election Rules UAW Unions Universities

Congress Considers Amending NLRA to Require Direct Control for Joint Employer Findings

On September 29, the House subcommittee on Health, Employment, Labor and Pensions held a legislative hearing to consider the Protecting Local Business Opportunity Act, H.R. 3459. This bill, which is mirrored in the Senate,...more

10/6/2015 - Browning-Ferris Industries of California Inc. Congressional Investigations & Hearings Franchisee Joint Employers Legislative Committees NLRA NLRB Proposed Legislation Subcontractors

NLRB Adopts New Joint Employer Test: Companies That Kind of, Sort of, Maybe Someday Could Exercise Control Over Employees Can Be...

The NLRB dropped a major bomb on businesses in subcontracting, franchising, and temporary staffing relationships yesterday, adopting a new—very, very broad—definition of joint employment. In Browning-Ferris Industries of...more

8/28/2015 - Browning-Ferris Industries of California Inc. Collective Bargaining Franchises Joint Employers NLRA NLRB Right to Control Staffing Agencies Subcontracts Temporary Employees Unions

More Paid Sick Leave on the Horizon? Draft Executive Order Calls for Paid Sick Leave for Federal Contractors and Subcontractors.

The New York Times reported yesterday that it received a draft executive order marked “pre-decisional and deliberative,” which contemplates granting a minimum of 56 hours of paid sick leave per year to employees of federal...more

8/6/2015 - Accrued Benefits Earned Sick Time Employee Rights Executive Orders Federal Contractors Paid Leave PTO Sick Leave Sick Pay Subcontractors Wage and Hour

NLRB Removes Blanket Exemption on Mandatory Disclosure for Witness Statements. What’s an Employer To Do?

The NLRB recently reversed 37 years of precedent in deciding to adopt a new standard for a union’s access to witness statements taken in pre-grievance arbitration employer investigations. For years, under the blanket...more

7/28/2015 - Arbitration Confidential Employer Investigations Confidential Information Disclosure Employer Liability Issues Grievance Process NLRB Professional Misconduct Unions Witness Statements Work Product Privilege Workplace Investigations

NLRB Shows Some Restraint in its Protection of Employee Social Media Communications: Employee Termination Arising From “Egregious”...

In the wake of the NLRB’s aggressive crackdown on social media policies, many employers have asked: “Is there any limit to what employees can post on social media about their employers?” It appears that there is. Just last...more

11/5/2014 - Employer Liability Issues Facebook Hiring & Firing NLRA NLRB Social Media Social Media Policy

National Labor Relations Board Majority Holds That Seeking Co-Worker Assistance with an Individual Harassment Complaint is...

Last week, the NLRB took an exceptionally broad view of what constitutes “concerted activity” and what kind of efforts are aimed at “mutual aid or protection” under the National Labor Relations Act. For employers, this could...more

8/20/2014 - Employer Liability Issues Fresh & Easy Grocery Stores Harassment Internal Investigations NLRA NLRB Protected Concerted Activity

Back to the Basics: Non-Compete Lost to a Superseding-Agreement Clause

With so much focus on the reasonableness of restrictive covenants, it’s easy to forget that non-competes are plain old contracts—nothing more. And when it comes to enforcing non-competes, basic contract law still applies....more

7/16/2014 - Employer Liability Issues Non-Compete Agreements Restrictive Covenants

Supreme Court Finally Decides Noel Canning and Says President Obama’s Recess Appointments to the NLRB are a No Go.

Today, the Supreme Court issued its long-anticipated decision in NLRB v. Noel Canning, unanimously affirming an appellate court decision striking down three of President Obama’s recess appointments to the National Labor...more

6/27/2014 - Canning v NLRB NLRA NLRB Recess Appointments SCOTUS

Connecticut Employer Alert: Changes to Paid Sick Leave Requirements Effective January 1, 2015

Connecticut Governor Dannel Malloy recently signed a new law that amends Connecticut’s Paid Sick Leave Statute. Connecticut was the first state to mandate paid sick leave policies for service workers back in January 2012. The...more

6/19/2014 - Employee Rights Paid Leave Sick Leave

EEOC Invites Public to Comment on Regulations Aimed at Clarifying what it Means to be a “Model Employer” of Individuals with...

The EEOC recently invited public input on potential revisions to the regulations implementing Section 501 of the Rehabilitation Act, which governs the federal government’s employment of individuals with disabilities....more

5/20/2014 - ADA Disability EEOC Employer Mandates Federal Employees Hiring & Firing Public Comment Section 501

Second EEOC Right-To-Sue Letter on Same Disability Discrimination Charge Cannot Save Late-Filed ADA Claim; First Circuit Rejects...

Judge Selya’s recent First Circuit opinion in Rivera-Diaz v. Humana Insurance of Puerto Rico, Inc., hammers home the importance of strictly abiding by Title VII’s procedural requirements for filing discrimination claims in...more

4/25/2014 - ADA Civil Rights Act Corporate Counsel Disability Disability Discrimination EEOC Equitable Tolling Title VII

Supreme Court Rules that Severance Payments Are Taxable Under FICA

I have to admit, when I read the news that the Supreme Court had ruled earlier this week that severance payments are “wages” subject to payroll taxes, I thought I was on crazy pills: Didn’t we already know that? But,...more

3/27/2014 - FICA Taxes Income Taxes Quality Stores SCOTUS Severance Pay

NLRB Still Looking for Answers On Whether University Faculty Are “Managerial Employees”

The National Labor Relations Board is seeking amicus briefs to help it decide whether full-time, non-tenure-eligible contingent faculty members at Pacific Lutheran University (PLU) are excluded from the National Labor...more

2/25/2014 - Classification Managers NLRA NLRB Universities

Are Unions Targeting Adjunct Faculty?

Adjunct faculty members are taking collective action in record numbers. Over the past year, higher education has seen unionization campaigns at universities in major metropolitan areas, including at Tufts University, Bentley...more

2/11/2014 - Collective Actions Colleges Unions Universities

Massachusetts Federal District Court Decision Reminds Employers Yet Again That They Should Not Trifle With the Independent...

Not gonna happen. That’s what the United States District Court for the District of Massachusetts basically concluded about independent contractor arrangements in Massachusetts....more

1/10/2014 - Compliance Employer Liability Issues Independent Contractors Trucking Industry Unemployment Unemployment Benefits

Covenant, Shmovenant? Ten-Year Nationwide Non-Compete in Asset Purchase Agreement Forms the Basis for Tortious Interference With...

Once again we are reminded that covenants not to compete given in connection with the sale of a business are an entirely different species from the employment kind. Last week, in Oros & Busch Application Technologies, Inc. v....more

12/5/2013 - Asset Purchaser Non-Compete Agreements Purchase Agreement Tortious Interference Void and Unenforceable

EEOC Priorities May Place Staffing Firms Under Greater Scrutiny

The EEOC identifies “eliminating barriers in recruitment and hiring” among its top six priorities for fiscal years 2013 through 2016, which likely portends an increase in investigations and litigation directed at staffing...more

10/24/2013 - EEOC Investigations Staffing Agencies

No More Playing Cute With Non-Solicitation Obligations: First Circuit Court of Appeals Rejects "Customer Called Me First" Argument

Non-solicitation agreements now may have more teeth in Massachusetts. This week, in Corporate Technologies, Inc. v. Harnett, the First Circuit Court of Appeals allowed to stand an earlier injunction prohibiting Brian Harnett,...more

9/30/2013 - Compliance Enforcement Non-Solicitation Agreements

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