Michael S. Arnold

Michael S. Arnold

Mintz Levin

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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

California and New York Approve Phased-In $15 Per Hour Minimum Wage, Highest in Country’s History

California and New York have each passed laws that will gradually raise their state’s minimum wage rate to $15 per hour. This is a stunning development coming just four years after a small group of New York fast food workers...more

4/6/2016 - Exempt-Employees Minimum Wage Wage and Hour White-Collar Exemptions

Taking an Evidentiary Approach, the Supreme Court Rules that Employees Can Use Representative Samples to Establish Classwide...

The United States Supreme Court ruled Tuesday that Tyson Foods employees could use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs’ class action...more

3/26/2016 - Admissible Evidence Calculation of Damages Class Action Class Certification Class Members Doffing Donning FLSA SCOTUS Statistical Sampling Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

New York Federal Court Ruling May Breathe New Life into Employment Class Action Pick-off Strategy; Addresses Supreme Court’s Gomez...

Is the pick-off strategy to moot class actions still alive in the Southern District of New York? Possibly. Last month we reported on Brady v. Basic Research, L.L.C. – the first decision to interpret the Supreme Court’s...more

3/25/2016 - Campbell Ewald v Gomez Class Action Class Certification Entry of Judgment Mootness Rule 68 SCOTUS Settlement Offer TCPA

New York Federal Court Judge Expresses Dismay Over NYC Human Rights Law Claim Legal Standard

Sometimes a judge says what many of us are already thinking. In Rivera v. Crowell & Moring L.L.P., Katherine B. Forrest was that judge....more

3/11/2016 - Employment Discrimination Evidence Human Rights NYHRL Pleading Standards Summary Judgment Supplemental Jurisdiction Title VII

Notice to California Employers: New Rules Dictate Precisely What Must Be in Handbooks Regarding Harassment, Discrimination, and...

Beginning April 1, 2016, new California regulations (§11023 specifically) will require all California employers with more than five employees to have written policies regarding harassment, discrimination, and retaliation. ...more

3/10/2016 - Anti-Discrimination Policies Anti-Retaliation Provisions DFEH Employee Handbooks Employer Liability Issues Employment Policies Harassment

Employer Not Responsible for Employee Defaming Customer on Facebook

In Howard v. Hertz Global Holdings, Inc., a Hawaiian Federal Court found that Hertz Rent-a-Car could not be held responsible for its employee’s Facebook comments about one of its customers. While employers should welcome the...more

3/8/2016 - Corporate Counsel Defamation Duty of Care Employer Liability Issues Facebook Hertz Negligent Hiring Popular Social Media Policy Vicarious Liability

UPDATE: Final Rule on White Collar Exemptions Expected to be Published in July 2016 and Become Effective 60 Days Later

That’s what DOL Solicitor of Labor, M. Patricia Smith, reportedly said at the 2016 American Bar Association’s Midwinter Meeting. But remember: she also said at another conference in November 2015 that the DOL was targeting a...more

3/1/2016 - DOL Exempt-Employees Non-Exempt Employees Unpaid Overtime Wage and Hour White-Collar Exemptions

Trump Trump Trump Trump Trump Trump Everywhere All the Time, Including in the Workplace – What’s an Employer to Do?

Donald Trump has become part of the national conversation. Not a single day goes by now without Mr. Trump filling up at least one news cycle. His recent success reminds me of a fantastic exchange in Private Parts when a...more

2/29/2016 - Donald Trump Employer Liability Issues Employment Discrimination NLRA Political Speech Presidential Elections Workplace Communication

Innocents Abroad: Employer Considerations When Sending Employees on International Assignments or Business Travel

In our increasingly globalized economy, employers strategically place employees in assignments across international locations, and utilize cross-border business trips to facilitate demanding international business needs....more

2/24/2016 - Business Travel International Labor Laws Work Visas

New York Federal Court Interprets Supreme Court’s Gomez Pick-Off Strategy Opinion Broadly; Declines Employer Request to Deposit...

Last month, we wrote about the Supreme Court’s opinion in Campbell-Ewald Co. v. Gomez, in which the Court ruled that “an unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and...more

2/18/2016 - Campbell Ewald v Gomez Class Action Class Certification Class Representatives Mootness Rule 68 SCOTUS

Second Circuit Amends its Unpaid Intern Classification decision; Refines the Primary Beneficiary Analysis

Last summer the Second Circuit issued an important decision that identified the proper test for determining whether an employer properly classified an individual as an unpaid intern. The decision was a victory for employers...more

2/18/2016 - Corporate Counsel FLSA Internships Misclassification Primary Beneficiary Test Unpaid Interns Wage and Hour

Reducing Exposure to and Defeating Off-the-Clock OT Claims: A Ten-Step Plan

Off-the-clock work occurs any time someone performs work while not on their regular shift no matter where the work is performed. Generally, this work is compensable if the employer knows or should have known that the...more

2/15/2016 - Anti-Retaliation Provisions DOL Employee Training Off-The-Clock Timekeeping Unpaid Overtime Wage and Hour Young Lawyers

Employment Matters Monthly - February 2016

A Note from the Editors - If January was a harbinger of what's in store for 2016, it's sure to be a busy year for HR professionals and employment attorneys. And Employment Matters is certainly here to guide you along the...more

2/12/2016 - ADA Affordable Care Act Campbell Ewald v Gomez Class Action Class Representatives Employee Privacy Rights EU European Court of Human Rights FLSA Mootness Non-Disparagement Provisions Private Communications Reporting Requirements Rule 68 SCOTUS Wellness Programs

Will Peyton Manning Have a Storybook Ending or Will SuperCam Prevail? Tuah the Orangutan picks the Panthers while the...

We are back with our annual Super Bowl prediction post. As noted in prior years, people are increasingly making their predictions based on two indicators: unemployment rates and the whims of Utah zoo animals. They each have...more

2/5/2016 - Absenteeism Sports Gambling Super Bowl Unemployment

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 City Establishes Office of Labor Standards; Will Enforce Paid Sick Leave Law (NYC Finale Part 3)

New York City has established an Office of Labor Standards that will enforce the City’s paid sick leave and transit benefits laws, and create and promote programs on worker education, safety and protection. The Council...more

1/6/2016 - Labor Standards Enforcement Paid Sick Leave Act Sick Leave Sick Pay

New York City Bans Caregiver Status Discrimination; Employers Must Think Carefully About its Impact (NYC Finale Part 2)

New York City is finishing off a strong year on the employment law front. Earlier this year, the City Council passed laws that banned the box and all but eliminated credit checks. It also passed a law requiring employers to...more

12/31/2015 - Caregivers Employment Discrimination Human Rights Act

New York City Commission on Human Rights Releases Enforcement Guidance on Gender Identity and Expression Discrimination (NYC...

New York City is finishing off a strong year on the employment law front. Earlier this year, the City Council passed laws that banned the box and all but eliminated credit checks. It also passed a law requiring employers to...more

12/30/2015 - Anti-Harassment Policies Anti-Retaliation Provisions Dress Codes Gender Discrimination Gender Identity New Guidance NYCCHR Transgender

Uber Class Action Update: Court Finds Arbitration Agreement Unenforceable and Broadens Class of Drivers

The Uber saga continues in O’Connor v. Uber Technologies, Inc. – a closely watched case that will impact the future of the gig economy. Last time we visited this case, the 9th Circuit Court of Appeals had declined to review...more

12/24/2015 - Arbitration Agreements Class Action Class Certification PAGA Uber

Top 10 Largest Shareholders of a Non-Publicly Traded Foreign Corporation May be Held Liable for Unpaid Wages for Services...

New York has amended its Business Corporation Law (BCL) to make the top ten largest shareholders of a non-publicly traded foreign corporation liable for unpaid wages. The change will go into effect in the middle of next...more

12/10/2015 - Amended Legislation Foreign Corporations Governor Cuomo Unpaid Wages Wage and Hour

UPDATE: OMB Says DOL May Publish Final White Collar Exemptions Overtime Rules in July 2016

July 2016. That’s when the final rule on the white collar overtime exemptions is expected to be published by the DOL – this according to the OMB’s Fall 2015 Unified Agenda and Regulatory Plan released last Thursday. Just...more

11/24/2015 - DOL Employer Liability Issues Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

Ninth Circuit Won’t Review Uber Driver Class Certification Decision

The sharing or gig economy has introduced a new management paradigm for companies, more flexible schedules for workers, and a greater level of convenience and accountability to consumers. While there are many supporters of...more

11/24/2015 - Class Certification Independent Contractors Misclassification Popular Sharing Economy Uber

Breaking News: DOL Indicates That New White Collar Exemption Overtime Rule May Not Go Into Effect Until Late 2016

The Department of Labor’s proposed overhaul of the white-collar exemption overtime regulations, which could expand overtime eligibility to an estimated 4.6 million workers, may not go into effect on the breakneck timeline...more

11/13/2015 - DOL Minimum Salary Over-Time Wage and Hour White-Collar Exemptions

NLRB Discusses Joint Employment for the First Time Since Browning-Ferris

The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships. After an extensive...more

11/4/2015 - Browning-Ferris Industries of California Inc. Collective Bargaining Discipline Employee Transfers Employer Liability Issues Franchises General Contractors Hiring & Firing Joint Employers NLRB Staffing Agencies Subcontractors Supervision Terms and Conditions Unfair Labor Practices Wage and Hour

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