Gauri Punjabi

Gauri Punjabi

Mintz Levin

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Same-Day Delivery Companies: 2; MA Independent Contractor Statute: 0. First Circuit Once Again Upholds Classification of Couriers...

Relying on its precedent, the First Circuit Court of Appeals held for the second time this year that the Federal Aviation Administrative Authorization Act of 1994 (“FAAAA”) preempts application of the Massachusetts...more

5/20/2016 - Classification Delivery Drivers Employer Liability Issues FAAAA FedEx Independent Contractors Preemption Wage and Hour

Clearly Defining the Essential Functions of the Job Can Make or Break Your ADA Case

As a recent federal appellate decision confirmed, the Americans with Disabilities Act does not require employers to always accommodate a disabled employee. Instead, it is the employee’s burden to first show that he or she...more

5/10/2016 - ADA Essential Functions Interactive Process Pregnancy Discrimination Reasonable Accommodation Wal-Mart

Uber Aims to Settle Two Class Actions; Approximately 385,000 Uber Drivers in California and Massachusetts to Remain Independent...

Last Thursday, Uber settled two closely-watched class actions contesting Uber’s classification of approximately 385,000 drivers in California and Massachusetts as independent contractors as opposed to employees. While the...more

4/26/2016 - Class Action Employer Liability Issues Independent Contractors Misclassification Uber Wage and Hour

D.C. District Court Examines an Employer’s Burden to Prove a Failure to Mitigate Damages in an Employment Discrimination Action

As a general principle, an employee alleging employment discrimination has an affirmative obligation to mitigate his or her lost wages by making a good faith effort to secure alternative employment. The employer however,...more

3/25/2016 - Age Discrimination Back Pay Burden of Proof Damages Disability Discrimination Duty to Mitigate Hiring & Firing Title VII Wrongful Termination

Pick-Off Strategy Via a Rule 68 Offer of Judgment Suffers Stinging Defeat in the Supreme Court; But Can an Actual Payment to the...

An unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and class action claims said the Supreme Court on Wednesday. The decision in Campbell-Ewald Co. v. Gomez is welcome news for...more

1/23/2016 - Campbell Ewald v Gomez Class Action Class Representatives FLSA Injunctions Mootness Offer of Judgment Rule 68 SCOTUS Settlement Offer TCPA

New York Federal Court Rejects Mutual Non-disparagement Provision in FLSA Settlement Agreement as Overbroad

Non-disparagement provisions are commonplace in today’s settlement and separation agreements, with employers often seeking the broadest protection against disparagement. A recent decision from a New York federal court,...more

1/23/2016 - FLSA Non-Disparagement Provisions Separation Agreement Settlement Agreements Wage and Hour

Federal Court Allows Terminated Employee to Proceed with Age Discrimination Claim Despite Her Execution of a Release of Claims

A recent Colorado federal court decision serves as a good reminder to employers on how not to obtain a release of claims from a terminated employee. For starters, don’t tell the employee her job is being eliminated and then...more

11/4/2015 - Age Discrimination Corporate Counsel Employee Rights Employer Liability Issues Fraudulent Inducement Hiring & Firing Job Ads Popular Release Agreements Severance Agreements Termination

Update on the Fight Over the Companionship and Live-In Domestic Worker FLSA Exemptions: Final Rule Set to Go Into Effect on...

A U.S. Department of Labor final regulation prohibiting third-party home care agencies and other third-party employers from taking advantage of the Companionship and Live-In Domestic Worker minimum wage and overtime...more

10/6/2015 - Companionship Exemptions DOL Domestic Workers Employee Rights Employer Liability Issues Exemptions Final Rules FLSA Home Health Agencies Home Healthcare Workers Minimum Wage Over-Time Third-Party Wage and Hour

Maine Social Media Employee Privacy Law Goes Into Effect October 15, 2015

In a sign of the growing trend of states enacting statutes protecting employee privacy, Maine became the latest state to prohibit employers from requiring employees and job applicants to provide passwords to their personal...more

9/23/2015 - Employee Privacy Rights Employees Hiring & Firing Job Applicants Social Media Social Media Account Ownership Social Media Policy

Massachusetts State Court Holds Employee Cannot Recover Treble Damages on Late Wage Payments

Can an employer escape a treble damage award under the Massachusetts Wage Act where it makes a late payment of final wages to a fired employee after the employee filed a wage complaint with the state Attorney General but...more

8/7/2015 - Attorney Generals Employee Rights Employer Liability Issues Termination Treble Damages Unpaid Wages Wage Act Wage and Hour

Federal Court Says Employer Can Be Liable for Acts of Anonymous Harasser

As a major national company learned recently, employers cannot shirk their obligations to investigate employee complaints of a hostile work environment simply because the identity of the harasser is unknown. Failure to...more

7/14/2015 - Anti-Discrimination Policies Anti-Harassment Policies Appeals Corporate Counsel Due Diligence Duty to Investigate Employee Rights Employer Liability Issues Good Faith Harassment Hostile Environment Race Discrimination Remand Summary Judgment Title VII Vacated

Federal Guidance on Independent Contractors on Its Way This Summer

Recently, Wage and Hour Division (WHD) Administrator David Weil announced that the DOL would issue an “administrator interpretation” letter early this summer on how an employer can best address whether an individual qualifies...more

6/29/2015 - DOL Independent Contractors Interpretive Opinions Misclassification Wage and Hour

Supreme Court to Decide Two Cases Addressing Important Class and Collective Action Issues

The Supreme Court has agreed to hear two cases during its Fall 2015 term that could further transform the wage and hour class action landscape. We briefly discuss those two cases below. Gomez: The Effect of Rule 68...more

6/29/2015 - Campbell Ewald v Gomez Class Action Class Certification FLSA Genesis Healthcare Corp. v. Symczyk Offer of Judgment Rule 68 SCOTUS TCPA Tyson Foods Tyson Foods v Bouaphakeo Wage and Hour

New York Federal Court “Likes” the Use of Social Media to Notify Class Members in Wage and Hour Action

In what appears to be a sign of things to come, a federal court in New York recently approved the use of social media to notify potential class members who were more likely to be reached that way rather than by more...more

4/30/2015 - Class Action Facebook FLSA Gawker LinkedIn Social Media Twitter Unpaid Interns

[Event] Massachusetts Employment Law Summit - May 13, Boston, MA

Employers and their HR departments are faced with a host of new issues and challenges. When you’re not navigating new state, federal, and local laws and making sure systems are in place to comply with them, you’re busy...more

4/10/2015 - Affordable Care Act Bring Your Own Device Chief Compliance Officers Compliance Employee Privacy Rights Employee Rights Employer Liability Issues Events Shared Responsibility Rule Social Media

New York Federal Court Finds that the Fair Labor Standards Act Does Not Require an Employer to Compensate an Employee for Time...

Employers do not have to pay their employees to attend mandatory alcohol counseling and treatment sessions, according to a New York Federal court. In reaching its decision, the court concluded that employee attendance at...more

2/4/2015 - FLSA NYPD Wage and Hour Wages

Staffing Companies Hit with Class Action Alleging Violation of Fair Credit Reporting Act

Fair Credit Reporting Act class actions remain on the rise. The latest one of note was recently filed in Maryland federal court against staffing agencies Aerotek, Inc. and Allegis Group, Inc., alleging that they violated the...more

12/16/2014 - Aerotek Class Action Criminal Background Checks Criminal Records FCRA Hiring & Firing Staffing Agencies Termination

Federal Judge Denies EEOC’s Petition for Temporary Restraining Order; Allows Employer to Penalize Employees Who Decline to...

Last week, we blogged about the EEOC’s recent litigations involving employee wellness programs, including the Honeywell case where the EEOC sought to prohibit Honeywell from penalizing employees who decline to participate in...more

11/5/2014 - Corporate Counsel EEOC Honeywell International Restraining Orders Wellness Programs

The EEOC Continues to Challenge Employer Wellness Programs Through Litigation

The U.S. Equal Employment Opportunity Commission is taking a hard look at employers who implement employee wellness programs that condition eligibility for benefits on participation in such programs. In the past few months,...more

11/3/2014 - ADA EEOC Employer Liability Issues Enforcement Actions Honeywell International Orion Energy Wellness Programs

He Loves Me, He Loves Me Not – Federal Appeals Court Confirms that Favoritism of a Paramour is Not Gender Discrimination

As one employee recently learned, a supervisor’s favoritism toward another employee because of a romantic relationship does not equate to unlawful discrimination. Additionally, a complaint of said favoritism cannot serve as...more

10/8/2014 - Employer Liability Issues Favoritism Gender Discrimination Retaliation Workplace Romances

Employers on Either Side of Employee Poaching Should Consider Taking Some (Rather Easy) Steps to Better Protect Themselves

Recently, litigation consultant TrialGraphix Inc. sued its competitor FTI Consulting, Inc. and four former high-ranking employees in New York Supreme Court for allegedly scheming to steal its trade secrets and gain access to...more

9/3/2014 - Employer Liability Issues Former Employee Restrictive Covenants Trade Secrets Unfair or Deceptive Trade Practices

Two All-Beef Patties, Special Sauce, Lettuce, Cheese, Pickles, Onions, on a Sesame Seed Bun – NLRB Rocks Franchise World by...

The National Labor Relations Board is attempting to expand the reach of the National Labor Relations Act once again – this time the NLRB’s Office of the General Counsel authorized formal complaints against McDonald’s USA,...more

8/12/2014 - Employee Rights Franchises Joint Employers McDonalds NLRA NLRB Unfair Labor Practices

Massachusetts Federal Court Refuses to Transform Non-Disclosure Agreement into a Non-Competition Agreement

A recent decision from the Massachusetts federal district court serves as a good reminder to Massachusetts employers that courts are unlikely to view the breach of a non-disclosure/confidentiality agreement as justification...more

6/30/2014 - Employer Liability Issues Employer-Owned Intellectual Property Employment Contract Former Employee Non-Compete Agreements Non-Disclosure Agreement Popular Restrictive Covenants

First Circuit Court of Appeals Holds That Employer Can be Found Liable Under Quid Pro Quo Sexual Harassment Negligence Theory for...

In a case of first impression, the First Circuit Court of Appeals recently held that an employer can be held liable under Title VII for quid pro quo sexual harassment based on the discriminatory actions of a non-supervisory...more

6/17/2014 - Discrimination Employer Liability Issues Harassment Negligence Sexual Harassment Title VII

Pennsylvania Court Refuses to Enforce Non-Competition Agreement; Holds that Continued Employment Alone is Insufficient...

Most jurisdictions in the United States hold that continued employment constitutes sufficient consideration in exchange for entering into a non-competition agreement. A handful of jurisdictions however – Minnesota, North...more

5/21/2014 - Consideration Employment Contract Enforcement Non-Compete Agreements Restrictive Covenants

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