Michael S. Arnold

Michael S. Arnold

Mintz Levin

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New Rules for New York Employers Who Use Payroll Debit Cards and Direct Deposit

As the workplace becomes increasingly digitized, both employers and employees can benefit from the conveniences technology provides. Chief among those is the convenience of electronic access to funds, which allows people to...more

10/13/2016 - ATMs Debit Cards DOL Electronic Payment Transactions Payroll Cards Wage and Hour Written Consent Written Notice

Another Employee-Friendly Law: New California Law Aims to Keep Employment-Related Disputes Centered in California

Beginning next year, employers may no longer force their California employees to resolve their employment-related disputes outside of California or use non-California law when doing so. With limited exceptions, the new law,...more

10/13/2016 - Employer Liability Issues Employment Contract Labor Code Labor Disputes New Legislation

New California Law Will Require Online Entertainment Database Sites to Remove Age-Based Information

California’s governor has signed into law a bill aimed at discouraging discriminatory age hiring practices in the entertainment industry. The law focuses on internet websites identifying ages, but critics question whether...more

10/3/2016 - Age Discrimination Employer Liability Issues Entertainment Industry First Amendment Hiring & Firing

Pokémon Go in the Workplace: Oh Look There’s a Pikachu!

Did you know that the world is now inhabited by creatures called Pokémon? (Or maybe they’ve always been there?) Some run across the plains; others fly through the skies; and some live in the mountains….and some, yes, some,...more

7/21/2016 - Data Security Distracted Driving Employee Engagement Employee Handbooks Games Innovation Technology Video Games Workplace Communication Workplace Safety

California Federal Court Reminds Employers That They Must Carefully Navigate Disability Accommodation Process

The obligation to accommodate a disabled employee is an ongoing one; a doctor’s note may not be a prerequisite to engage in the interactive process – those are two important lessons that employers should take away from a...more

7/20/2016 - Corporate Counsel Disability Discrimination FEHA Hiring & Firing Interactive Process Reasonable Accommodation Summary Judgment Wrongful Termination

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

Carrie: I’m writing to inform you that I am being transferred to our Rio de Janeiro office next month for a twelve month assignment. It’s a bit daunting, but I am confident that the help you have provided me in...more

7/14/2016 - Business Travel Employee Transfers Employer Liability Issues Human Resources Professionals International Labor Laws Traveling Employee

Handling Nondiscretionary Incentive Payments Under the New FLSA Overtime Rule

One of the few “wins” for employers under the DOL’s new overtime rule was that employers are now allowed to apply “nondiscretionary incentive payments” to meet up to 10 percent of the new salary threshold. This change could...more

5/26/2016 - Bonuses Corporate Counsel DOL Exempt-Employees FLSA Incentive Compensation Minimum Salary Non-Exempt Employees Over-Time Wage and Hour White-Collar Exemptions

The DOL Releases Its Final Rule Updating the FLSA White-Collar Overtime Regulations

The wait is over! This morning, the Department of Labor announced its Final Rule, which is aimed at expanding overtime eligibility for millions of American workers. At its core, the final version of the rule doubled the...more

5/18/2016 - DOL Final Rules FLSA Minimum Salary Wage and Hour White-Collar Exemptions

The DOL Releases Its Final Rule Updating the FLSA White-Collar Overtime Regulations

The wait is over! This morning, the Department of Labor announced its Final Rule, which is aimed at expanding overtime eligibility for millions of American workers. At its core, the final version of the rule doubled the...more

5/18/2016 - DOL Final Rules FLSA Minimum Salary Wage and Hour White-Collar Exemptions

Does an Employer have to Accommodate a Nondisabled Employee Because of Another’s Disability? Yes, Says One California State...

Last month, a California state appellate court issued a decision that, as the dissent characterized, went “where no one has gone before.” In Castro-Ramirez v. Dependable Highway Express, Inc., the court held that...more

5/13/2016 - ADA Association Discrimination Disability Discrimination Employer Liability Issues FEHA Reasonable Accommodation

Pescetarian’s Delight: Ninth Circuit Extends Non-Compete Term Beyond Contractual Period

Does this sound familiar: employee disregards a non-compete and joins a competitor; former company calls foul and initiates a lawsuit; parties fight it out, but by the time litigation has run its course, the non-compete...more

5/10/2016 - Equitable Extensions Former Employee Mootness Non-Compete Agreements Tolling

Clearly Defining the Essential Functions of the Job Can Make or Break Your ADA Case

As a recent federal appellate decision confirmed, the Americans with Disabilities Act does not require employers to always accommodate a disabled employee. Instead, it is the employee’s burden to first show that he or she...more

5/10/2016 - ADA Essential Functions Interactive Process Pregnancy Discrimination Reasonable Accommodation Wal-Mart

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

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