Jessica Catlow

Jessica Catlow

Mintz Levin

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Who Hurts More? Another Battle in the Non-Compete Wars

A recent decision from a Georgia federal district court concerning post-employment non-compete agreements reached two notable conclusions of which employers should take note...more

10/2/2014 - Corporate Counsel Employer Liability Issues Former Employee Non-Compete Agreements

A Lesson on the ADA: Engaging in Good Faith in the Interactive Process is Essential

Understanding the mandates of the Americans with Disabilities Act and similar state and local laws is easy: employers cannot discriminate against individuals with disabilities. However, navigating the reasonable accommodation...more

8/13/2014 - ADA Disability Disability Discrimination Good Faith PTSD

Shuffleboard, Early Bird Specials, and . . . Whistleblowing?

When most employers hear the word “whistleblower,” they think of their current employees and various anti-retaliation laws; however, under the SEC’s “Whistleblower Program,” the “whistleblower” may be a current or former...more

8/4/2014 - Anti-Retaliation Provisions Best Management Practices Chief Compliance Officers Corporate Culture Dodd-Frank Employer Liability Issues Former Employee SEC Whistleblowers

Another Example of Owner Liability for Unpaid Wages and Liquidated Damages for Employee Misclassification

Do you still think that business owners aren’t responsible for wage and hour law violations? Do you think that a court will only award liquidated damages where the violation is willful? Think again. Following an investigation...more

6/18/2014 - DOL Employee Rights Employer Liability Issues Misclassification Wage and Hour Wages

IRS Begins Audit of Deferred Compensation Plans Subject to Section 409A

The IRS announced at recent bar association meeting that it is commencing a formal compliance initiative program (CIP) of selected employers and their deferred compensation arrangements that are subject to Section 409A of the...more

6/3/2014 - Audits Compliance Deferred Compensation Enforcement Actions IRS Section 409A

The Independent Contractor: To Be or Not to Be

Just because an employer calls someone an independent contractor does not make him or her so. Because revenue-starved states have been increasingly focusing on independent contractor classification issues, challenges to the...more

4/25/2014 - 1099s Audits Corporate Counsel DOL Employee Definition Employer Liability Issues Hiring & Firing Independent Contractors IRS Unemployment Compensation System

A Check on the EEOC Attack on the Credit Check

We have written a few times about the EEOC’s closer inspection of background checks and the use of criminal records in employment decisions because of their potential adverse impact on classes of applicants. The EEOC has also...more

4/15/2014 - Background Checks Criminal Background Checks EEOC Employee Credit Checks Employer Liability Issues Hiring & Firing Kaplan Racial Discrimination

There is Such a Thing as Over-Sharing: Former Employee Forfeits Portion of Settlement Payment After Daughter Discloses Settlement...

It seems like every day there is a new case highlighting novel and evolving issues employers confront when people disclose information via social media. The latest example involves a hapless college-age daughter in Florida...more

3/6/2014 - Age Discrimination Disclosure Retaliation Settlement Social Media Termination

Uber employees?

Market disrupters always make news. Uber, which claims to be a tech company, created a smart-phone application that connects drivers of “black cars”, or livery cars, with passengers, and processes the payment with the...more

1/29/2014 - Human Resources Professionals Uber

WARN Liability: Who’s in Control?

Last month, we wrote about Young v. Fortis Plastics, where an Indiana District Court found that a private equity firm could be on the hook for the WARN Act liabilities of one of its portfolio companies under the “single...more

12/24/2013 - DOL Employer Liability Issues WARN Act

The “Relocation Costs” Reimbursement Arrangement: A Section 409A Trap for the Unwary.

When an employer requires an employee to move his or her primary residence to work, or continue working, for the employer, oftentimes the employer, as an inducement for the employee to accept the offer employment or continue...more

12/5/2013 - Income Taxes Payroll Taxes Reimbursements Relocation Assistance Section 409A Tax Deductions

Who Should Hold the Bag for Employment Liabilities When the Portfolio Company Goes “Belly-Up”? The private equity firm, maybe.

In the world of private equity, vast sums of money are raised by private investors who pool their money into collective funds in order to acquire companies, i.e., a “portfolio company”, with the goal of eventually flipping...more

11/12/2013 - DOL Employer Liability Issues Private Equity WARN Act

A FICA Refund for Employers? Supreme Court to Decide Whether FICA Obligations Extend to Severance Pay

As all employers know, wages paid to employees are subject to required withholdings and deductions for income taxes and employee contributions to Social Security and Medicare (which is commonly referred to in shorthand as...more

10/3/2013 - FICA Taxes Severance Pay Tax Refunds Wages

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