Gauri Punjabi

Gauri Punjabi

Mintz Levin

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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 Mandatory Treatment Program 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

Massachusetts Superior Court Holds that a Lateral Transfer Can Constitute an Adverse Employment Actions Under M.G.L. 151B; Affirms...

A recent decision from a Massachusetts superior court reinforces what we’ve known for quite some time – be extremely mindful of the actions you take with respect to an employee lodging a complaint under M.G.L. 151B, the...more

4/30/2014 - Anti-Discrimination Policies Employer Liability Issues Retaliation

Employer Avoids Massachusetts Wage Claim Through the Use of Well-Drafted Employment Agreement

The importance of drafting employment agreements carefully could not be more evident in the superior court case of Boesel v. Swaptree, Inc., where the court rejected a high-level executive’s ability to bring a claim under the...more

3/21/2014 - Employer Liability Issues Employment Contract Wage and Hour Wages

Are Anti-Poaching Agreements Enforceable in New York? Not in the Absence of a Protectable Interest Says One New York Federal...

Anti-poaching agreements, non-recruitment pacts, no-hire contracts, whatever you want to call them, require a protectable interest to be enforceable in New York. That’s what a Southern District of New York judge in Reed...more

2/14/2014 - Employer Liability Issues No-Hire/No-Solicitation Agreements Recruitment Policies TransUnion

MA Appeals Court Narrows but Otherwise Keeps Intact Individual Liability Under the Wage Act

A recent decision from a Massachusetts appeals court should give some Massachusetts certain managers and directors one less thing to worry about. Simply having the title of a manager or director alone is insufficient for...more

1/21/2014 - Directors Managers Officers Personal Liability Shareholders Wages

Thinking of Imposing a Nationwide Non-Compete on Individuals Who Never Had Any Personal Contact With Your Clients? One Indiana...

In today’s increasingly competitive world, employers understandably have a need to protect their business interests by requiring employees to enter into non-competition agreements that restrict their employees’ ability to...more

12/19/2013 - Anti-Competitive Employer Liability Issues Non-Compete Agreements Restrictive Covenants

Taking Stock of Non-Competition Agreements – Assets to Consider When Purchasing a Company

When a company evaluates a potential acquisition target, employment agreements and non-competition agreements might not top the list of assets and liabilities it considers. A recent decision from a federal court in Florida...more

11/26/2013 - Acquisitions Non-Compete Agreements Restrictive Covenants

Associational Discrimination Claims under Massachusetts Law Require More than Just Association

“Associational discrimination” refers to a claim that a plaintiff, though not a member of a protected class, was still subjected to some type of adverse action because of his or her association with a member of a protected...more

11/25/2013 - Anti-Discrimination Policies Associational Retaliation Discrimination

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