Martha J. Zackin

Martha J. Zackin

Mintz Levin

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Update: Don't Hate Me 'Cause I'm Beautiful: Termination Based on "Irresistible Attraction" is Not Unlawful Sex Discrimination

On January 4, we wrote that the Iowa Supreme Court ruled that a dentist acted legally when he fired a female employee because he had become irresistibly attracted to her – a situation the employer’s wife, also an employee,...more

7/15/2013 - Harassment Sex Discrimination Sexual Harassment Termination

Equal Pay Act: Male employee's strong negotiating skills not a "factor other than sex" to justify pay differential

The Equal Pay Act prohibits employers from paying a female employee less than a male employee for work that requires substantially equal skill, effort and responsibility, and that is performed under similar working conditions...more

6/18/2013 - Discrimination EPA Equal Pay Act Gender-Based Pay Discrimination Hiring & Firing Wages

Unpaid Internships may be more costly than you think: follow-up to recent post

On June 11, in Glatt v. Fox Searchlight Pictures, Inc.., the US District Court for the Southern District of New York held that unpaid interns who worked for on the movie “Black Swan” had been improperly classified, and were...more

6/18/2013 - DOL FLSA Internships Training Unpaid Interns Unpaid Wages

Unpaid Internships may be more costly than you may think

What do fashion designer Norma Kamali, journalist Charlie Rose, Elite Model Management Corporation, and the Hearst Corporation have in common? All have been sued by former unpaid interns, claiming that their unpaid status...more

6/11/2013 - DOL FLSA Minimum Wage Unpaid Interns Wages

EEOC Signals Increased Focus on Employer-Sponsored Wellness Programs

A majority of US employers offer some sort of wellness program designed to reduce the cost of health insurance and healthcare costs, and to improve the health and well-being of employees. However, unless care is taken, even...more

5/9/2013 - ADA Disability Disability Discrimination EEOC GINA Healthcare Wellness Programs

D.C. Circuit Strikes Down NLRB Notice Rule

Today, the U.S. Court Court for the D.C. Circuit struck down a rule proposed by the NLRB that required employers to post workplace notices describing employees' rights to form a union or face a possible unfair labor practice...more

5/8/2013 - NLRB Notice Requirements Proposed Regulation

OSHA Announces Initiative For the Protection of Temporary Workers

On April 29, the U.S. Department of Labor's Occupational Safety and Health Administration announced an initiative to protect temporary employees from workplace hazards. The initiative, announced through a press release and a...more

5/1/2013 - OSHA Safety Precautions Safety Training Temporary Employees Training Workplace Hazards

EEOC Holds Both Staffing Firms and Staffing Clients Responsible Under EEO Laws

Recently, the EEOC filed a lawsuit against Hire Dynamics, a staffing firm. According to the complaint, after a Hire Dynamics employee filed a charge of discrimination against one of its clients, the staffing firm retaliated...more

4/25/2013 - Discrimination EEOC Hiring & Firing Retaliation Staffing Agencies

FLSA Collective Action: Supreme Court Holds Offer of Judgment Moots Claim

Does a “make whole” offer of judgment to the lead plaintiff in a wage and hour collective action put an end to the case? According to the US Supreme Court, the answer is “yes”- at least on the specific facts of the case...more

4/18/2013 - Collective Actions FLSA Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Mootness Rule 68 SCOTUS

US DOL Releases FY2014 Budget Request

On April 10th, the Department of Labor released its fiscal year 2014 budget request. As reported in a press release describing the budget request, the DOL has asked for $12.1 billion in discretionary funding to support...more

4/12/2013 - Barack Obama DOL Federal Budget Sequestration Unemployment Reform

Twitter: Employee Who Complained about Sexual Harassment via Twitter Fired

Adria Richards is a self-described “endlessly enthusiastic technology evangelist.” While attending a large technology conference in Santa Clara, California, Ms. Richards overheard two men sitting behind her making a series...more

4/9/2013 - Hiring & Firing NLRA NLRB Retaliation Sexual Harassment Social Media Termination Twitter

New FMLA Forms Now Available

February 6, 2013 was the 20th anniversary of the signing of the Family and Medical Leave Act. In celebration, the United States Department of Labor released the results of a survey on the law’s use and impact. According to...more

2/15/2013 - Airline Employees DOL Flight Crews FMLA FMLA Certification Forms Military Caregiver Leave Military Leave

OFCCP Issues Enforcement Guidance on Contractors' Use of Arrest and Conviction Records

On January 29, 2013, the Department of Labor’s Office of Federal Contract Compliance Programs issued a Directive. pertaining to federal contractors’ use of arrest and conviction records in making employment decisions. This...more

2/7/2013 - Contractors Criminal Background Checks DOL Hiring & Firing OFCCP Subcontractors Veterans

NLRB Protects Nonunionized Workers - Again

The National Labor Relations Board has issued yet another decision pertaining to non-unionized workplaces. This time, in Supply Technologies, LLC, the Board found that an employer’s mandatory grievance-arbitration policy...more

1/9/2013 - NLRA NLRB Non-Union Protected Concerted Activity Section 7 Supply Technologies LLC

Don't Hate Me 'Cause I'm Beautiful: Termination Based on "Irresistible Attraction" is Not Unlawful Sex Discrimination

Christmas came a few days early for Iowan employers, when the Iowa Supreme Court ruled that a male employer acted legally when he fired a female employee because he had become irresistibly attracted to her – a situation the...more

1/4/2013 - Discrimination Hiring & Firing Melissa Nelson Nelson v Knight Sex Discrimination Termination

NLRB Invalidates Another Workplace Social Media Policy

The NLRB has again weighed in on workplace social media policies. And, consistent with its recent decisions in Costco Wholesale Corp. and Karl Knauz Motors, Inc., found DISH Network’s social media policy unlawful. ...more

12/1/2012 - NLRB Social Media Policy

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