Michael S. Arnold

Michael S. Arnold

Mintz Levin

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Pay Careful Attention to Pregnancy Accommodation Requests as EEOC Plans New Enforcement Guidance

The U.S. Equal Employment Opportunity Commission — the agency responsible for enforcing most federal discrimination laws — is preparing to issue new guidance addressing an employer’s obligation to reasonably accommodate...more

7/9/2014 - EEOC Employee Rights Pregnancy Pregnancy Discrimination

California Supreme Court Upholds Employment Class Action Waivers, but Rejects Waivers of PAGA Claims

The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the...more

6/30/2014 - Arbitration Class Action Class Action Arbitration Waivers CLS Transportation Employment Contract Federal Arbitration Act Iskanian Mandatory Arbitration Clauses PAGA SCOTUS Trucking Industry

Second Circuit Court of Appeals Addresses FLSA’s Public Agency Volunteer Exception, But Withholds Comment on Private Sector...

For the first time the Second Circuit Court of Appeals tackled the Fair Labor Standards Act’s public agency volunteer exception. In Brown v. New York City Board of Education, the Court outlined the contours of the exception...more

6/23/2014 - Class Action Employer Liability Issues FLSA Volunteers Wage and Hour Wages

Governor Cuomo Set to Sign Law Repealing the New York Wage Theft Prevention Act’s Annual Pay Notice Requirement; Law Also Extends...

New York is set to end its requirement under the Wage Theft Prevention Act that employers annually distribute notices to employees detailing certain wage payment information. In just the short time it was in effect, this...more

6/23/2014 - Employee Rights Employer Liability Issues Notice Requirements Wage and Hour Wage Theft Prevention Act Wages

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

Dangers of Misclassifying an Employee as an Independent Contractor Highlighted Once Again in New York Appellate Court Decision

The issue of employee misclassification was once again on display, this time in Nance v. NYP Holdings, where a New York appellate court affirmed an earlier finding that the New York Post failed to classify one of its...more

6/11/2014 - Employer Liability Issues Independent Contractors Misclassification Popular

EEOC Will Release Enforcement Guidance Addressing an Employer’s Obligation to Reasonably Accommodate Pregnant Workers; Employers...

The Equal Employment Opportunity Commission – the agency responsible for enforcing most of the federal discrimination laws – is preparing to issue new guidance addressing an employer’s obligation to reasonably accommodate...more

6/9/2014 - EEOC Employee Rights Employer Liability Issues Pregnancy Pregnancy Discrimination Reasonable Accommodation

Congress Poised to Pass the Workforce Innovation and Opportunity Act; Modernize the Nation’s Workforce Development Program

Wait, are parties from both sides of the congressional aisle finally coming together to pass an employment-related law? It appears that way. This law is by no means a game changer; it’s not even a traditional employment law...more

5/27/2014 - Employment Tax Legislative Agendas Proposed Legislation

Does the Employment Relationship Convert to At-Will Upon Expiration of an Employment Agreement’s Term? Failure to Consider this...

Many employers are surprised to learn that the employment relationship does not automatically convert to “at-will” when an employee’s fixed employment term expires. Instead, when asking for clarification on this issue,...more

4/30/2014 - At-Will Employment Corporate Counsel Employer Liability Issues Employment Contract Fixed-Term Labor Contracts Hiring & Firing

Paid Sick Time Arrives in New York City; Department of Consumer Affairs Releases Proposed Paid Sick Time Rules and Schedules...

The New York City Earned Sick Time Act went into effect yesterday. In other news, the New York City Department of Consumer Affairs has released proposed rules to “establish requirements to implement the [paid sick leave] Act...more

4/2/2014 - Employee Rights Paid Leave Sick Leave

New York City Council Votes to Extend New York City Human Rights Law’s Protections Against Discrimination to Interns

On Wednesday, the New York City Council voted 50-0 to extend the New York City Human Rights Law’s protections to interns. Last October, we reported on a Federal court decision dismissing an unpaid intern’s hostile work...more

3/27/2014 - Discrimination Hostile Environment Internships NYCHRL Unpaid Interns

This is no April Fool’s Day Joke: Tuesday, April 1, 2014 is the Deadline for Employers to Comply with the New York City Earned...

Have you taken the steps necessary to comply with NYC’s paid sick leave law yet? If not, what are you waiting for? The Act goes into effect on Tuesday, April 1, 2014. We’ve covered the law’s many requirements in various prior...more

3/26/2014 - Employee Rights Paid Leave Sick Leave

Does March Madness = Workplace Madness? Some Thoughts on the Legality of NCAA Bracket Pools, the Tournament’s Effect on the...

With the Olympics now behind us (were they ever in front of us?), this time of year usually marks the sports netherworld between the Super Bowl and the NCAA Men’s Division I Basketball Tournament, which is better known as...more

3/11/2014 - Employer Liability Issues Gambling NCAA Sports Sports Betting

New York Council Amends Earned Sick Time Act Yet Again; Employers Must Comply by April 1, 2014

Following up on our earlier coverage, last week the New York City Council passed the very first bill it introduced during the de Blasio administration (Int. 0001-2014), a law amending the Earned Sick Time Act that it passed...more

3/4/2014 - Employee Rights Sick Leave

It’s a Family Affair: New York Federal Court Holds that Family Relationship May be Sufficient to Qualify Employee as a...

The employment practices risk profile for companies that employ members of the same family may have just increased as a result of Dillon v. NED Management, Inc., a decision out of the Eastern District of New York. ...more

2/21/2014 - Harassment Personal Liability Supervisors Title VII

Seattle Seahawks Headed for a Super Bowl Victory? Yes, if City’s Unemployment Rate and Apes Have Anything to Do With It

That’s what one study by RiseSmart, a outplacement and recruiting firm, suggests. According to the study, the team hailing from the city with a lower unemployment rate prevailed in 20 of the last 25 Super Bowls. ...more

2/3/2014 - Unemployment

Updated: New York City Looks to Expand its Paid Sick Leave Law Before it Takes Effect in April 2014

Today, as expected, the City Council formally introduced a bill to amend its existing paid sick leave law. You can access the proposed amendments here (see alert for link). ...more

1/23/2014 - Employee Rights Paid Leave Sick Leave

New York City Looks to Expand its Paid Sick Leave Law Before it Takes Effect in April 2014

Mayor Bill de Blasio and incoming Council Speaker Melissa Mark-Viverito recently announced at a joint press conference that the New York City Council will look to expand the Earned Sick Time Act in the coming days. The...more

1/21/2014 - Caregivers Dependent Care Employee Benefits Human Resources Professionals Paid Leave Public Employees Public Employers Sick Leave Unpaid Leave

NLRB No Longer Seeking to Impose Notice Posting Rule on Employers

The National Labor Relations Board has given up on its quest to require all employers to post a notice in the workplace informing workers of their rights under the National Labor Relations Act. ...more

1/9/2014 - Employee Rights NLRB Notice Requirements Posting Requirements

New York Employers – 2013 Year in Review and Looking Ahead to 2014

“Many people look forward to the new year for a new start on old habits.” While the author to this famous New Year’s quote remains unknown, that certainly doesn’t make it any less true, including for employers. We hope that,...more

1/7/2014 - Class Action Compliance Employee Handbooks Liquidated Damages Minimum Wage NYCHRL Sick Leave Tip-Pooling Tips Wage Deductions Wages

On the 10th Day of Privacy, my employer gave to me …..

And, no — it was not a big fat bonus. On this 10th Day of Privacy, we look ahead at employment related privacy issues …. As use of social media and other technologies continue to raise serious employment-related...more

12/23/2013 - DOL EEOC FFIEC GINA NLRB Non-Union Privacy Laws Privacy Policy Social Media Social Media Policy

New York Federal District Court Endorses Use of Fluctuating Workweek Overtime Payment Method Where Employer Pays Performance-Based...

True story: the other day I was speaking with a friend in the HR realm and I asked him whether he was familiar with the fluctuating workweek. He jokingly answered: “does that have anything to do with my weight gain during the...more

12/4/2013 - Compliance Employee Rights Employer Liability Issues Exempt-Employees Fluctuating Workweek Non-Exempt Employees Performance Incentives Unpaid Overtime Wages

New York Federal Court Does and Doesn’t Address Contours of Employer Liability under the Federal and New York State WARN Acts

Under the federal WARN Act, and its more expansive counterpart, the New York State WARN Act, a sufficiently-sized employer must (absent limited exceptions) provide workers with a head’s up that the employer might shut down...more

11/29/2013 - Damages Layoffs Notice Requirements WARN Act

Everyone Calm Down a Little: Most Companies Already Pay Their Interns

Last month Condé Nast decided to end its storied internship program. The termination came on the heels of a multi-million dollar lawsuit filed by two former interns alleging that Condé Nast failed to pay them at least the...more

11/26/2013 - Employee Rights Internships Students

New York City Commission on Human Rights Releases New York City Human Rights Law Pregnancy and Employment Rights Poster

As reported last month, effective January 30, 2014, the New York City Human Rights Law will require employers to provide reasonable accommodations to pregnant workers. The City Council included in that new law a requirement...more

11/8/2013 - Employment Rights Act NYCHRL Pregnancy

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