Michael S. Arnold

Michael S. Arnold

Mintz Levin

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Figuring Out Cheryl’s Birthday: Employment Law Edition

First it was the blue and gold dress. Now, the next viral internet sensation centers on the unlikeliest of events: Cheryl’s birthday. We thought we’d have some fun and pose it as an employment law question. See if you can...more

4/17/2015 - Filing Deadlines

New York Federal Court Applies New York City Human Rights Law’s Liability Provision to Employer’s Agent

The New York City Human Rights Law specifically says that an employer’s agent can be held liable for discrimination, but its liability provision doesn’t address the circumstances under which that agent may be held liable for...more

4/14/2015 - Discrimination DOT Employment Policies Human Rights Standing Third-Party Agents Third-Party Liability

Sixth Circuit Decision Refusing to Enforce Collective Action Waiver Included in Separation Agreement Remains Intact; Supreme Court...

This week, the Supreme Court disappointed many employers by declining to determine whether the Fair Labor Standards Act does or does not provide employees with a non-waivable substantive right to bring a collective action. ...more

4/10/2015 - Appeals Collective Action Waivers Collective Actions Employer Liability Issues FLSA SCOTUS Separation Agreement Termination

2015 Employment Law Issues Tournament: The Championship (and the First-Ever Rendition of One Shining Lawsuit)

Sixty-four employment law issues have become just two after an exciting Final Four. Last night, while Wisconsin and Duke played each other in the NCAA championship, the Wage and Hour Collective Actions and the Retaliation...more

4/8/2015 - Collective Action Waivers Collective Actions Employer Liability Issues Retaliation Wage and Hour

2015 Employment Law Issues Tournament: Final Four Results and Recap

“There’s a tradition in tournament play – not to talk about the next step until you’ve climbed the one in front of you. I’m sure writing a tournament championship blog entry is beyond your wildest dreams, so let’s just keep...more

4/3/2015 - Class Action Employer Liability Issues Non-Compete Agreements Retaliation Social Media Policy Wage and Hour

2015 Employment Law Issues Tournament: Elite Eight Results and Recaps

We’re still at it over here. We can’t stop. We have tons of clever basketball-employment law-related puns left in our arsenal and we expect to deploy them. This is what our readers want and this is what we’ll give our...more

4/2/2015

2015 Employment Law Issues Tournament: Sweet Sixteen Results and Recaps

The Sweet Sixteen has come and gone and it was glorious. Streamed live over our new Apple Watches, 16 employment law issues battled it out for the right to move onto the Elite Eight, which will be held next week at Sixth...more

3/25/2015 - Discrimination FMLA Non-Compete Agreements Wage and Hour

2015 Employment Law Issues Tournament: Second Round Results and Recaps

If you thought the Round of 64 was wild, then wait until you see what happened during the second round. Let’s just say that some shocking upsets left many a bracket busted wide open....more

3/19/2015 - Class Action Arbitration Waivers Discrimination Employer Liability Issues FLSA Harassment Hiring & Firing Misclassification Restrictive Covenants Wage and Hour

Workplace Challenges in 2015, Part 5 of 5: Workplace Training Programs Remain a Critical Component to Eliminating Employment...

Recently, Mintz Levin held a seminar in New York City that addressed some of the major challenges employers are facing in the New Year. Our program contained segments on New York City’s paid sick leave law, effective...more

3/18/2015 - Best Management Practices Employer Liability Issues Training

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

3/17/2015 - At-Will Employment Background Checks Disparate Impact Drug Testing EEOC FMLA Gender Discrimination Harassment Involuntary Reduction in Force Minimum Wage Non-Solicitation Agreements OWBPA Paid Sick Leave Act PTO Rest and Meal Break Retaliation Training Requirements Transgender Unpaid Interns Wage and Hour Wage Deductions WARN Act

2015 Employment Law Issues Tournament: The Bracket Revealed

Folks, this is the postest with the mostest; the entry of the century. That’s right ladies and gentlemen, employers of all industries, it’s time for a little fun; it’s time for the 2015 Employment Law Issues Tournament,...more

3/12/2015 - Employer Liability Issues March Madness

Workplace Challenges in 2015, Part 4 of 5: Monitoring Wage and Hour Compliance Remains Paramount for Employers Seeking to Avoid...

Recently, Mintz Levin held a seminar in New York City that addressed some of the major challenges employers are facing in the New Year. Our program contained segments on New York City’s paid sick leave law, effective...more

3/11/2015 - Collective Actions Corporate Counsel Exempt-Employees FLSA Human Resources Professionals Liability Insurance Paid Leave Sick Leave Uber Wage and Hour

Some Thoughts on Employee Appreciation Day, including a Potential Wage and Hour Pitfall

“And you’re wondering . . . am I appreciated . . . I’m not really appreciated, should I play like I’m appreciated, but I’m not that appreciated . . .but I think my employer might appreciate me . . . but do I want to be...more

3/5/2015 - Bonuses FLSA Wage and Hour

Workplace Challenges in 2015, Part 2 of 5: Continued Focus on Social Media Policies That the NLRB Will Endorse

During our workplace privacy segment, our presenters, Mintz Levin attorneys Cynthia Larose and Richard Block, and Vice President, Deputy General Counsel of Time, Inc., Michelle Goldstein, addressed several issues that...more

2/19/2015 - NLRA NLRB Protected Concerted Activity Section 7 Social Media Social Media Policy Texting

Workplace Challenges in 2015, Part 1 of 5: New York City Paid Sick Leave Law Update

Recently, Mintz Levin held a seminar in New York City that we designed to address some of the major challenges employers are facing in the New Year. Our program contained segments on New York City’s paid sick leave law,...more

2/12/2015 - Employer Mandates Local Ordinance Paid Leave Wage and Hour

Second Circuit Court of Appeals Holds That Supreme Court’s Comcast Decision Does Not Prohibit Class Certification Where Damages...

The Second Circuit Court of Appeals has released its much-anticipated decision in Roach v. T.L Cannon Corp., addressing the Supreme Court’s Comcast Corp. v. Behrend decision in connection with a wage and hour class action...more

2/12/2015 - Appeals Calculation of Damages Class Action Comcast v. Behrend Employer Liability Issues SCOTUS Wage and Hour

New York Federal Court Finds that the Fair Labor Standards Act Does Not Require an Employer to Compensate an Employee for Time...

Employers do not have to pay their employees to attend mandatory alcohol counseling and treatment sessions, according to a New York Federal court. In reaching its decision, the court concluded that employee attendance at...more

2/4/2015 - FLSA Mandatory Treatment Program NYPD Wage and Hour Wages

Seattle Seahawks Headed for a Second Straight Super Bowl Victory? Yes, According to Unemployment Statistics; No According to...

Predicting the Super Bowl victor used to be easy. You just looked at the city with the lower unemployment rate and who Elijah that lovable orangutan picked and you called it a day. Elijah had picked seven straight Super...more

2/2/2015 - Gambling Human Resources Professionals PTO Seahawks Sports Gambling

Employers: Don’t Forget About the Possibility of Associational Discrimination Liability

A case out of a New York State appeals court should remind employers that they may liable for discrimination where they take an adverse action against an employee based on the employee’s association with someone in a...more

1/29/2015 - Adverse Employment Action Appeals Discrimination Employer Liability Issues Harassment NYHRL Protected Class Religious Discrimination

Winter Storm Juno Expected to Bring Lots of Snow, but Also Potential Wage and Hour Issues

So it’s going to snow a lot today and tomorrow. A lot. A potential blizzard. Some say this could be one of the biggest snowstorms ever to hit the East Coast. More than a foot of snow is expected in Manhattan, up to two...more

1/27/2015 - Employer Liability Issues Exempt-Employees FLSA Non-Exempt Employees Severe Weather Wage and Hour

Beyond U.S. Citizens and Lawful Permanent Residents: Are Other Classes of Individuals Legally Authorized to Work Protected from...

In a novel case, a New York federal court judge recently denied an employer’s motion to dismiss a Section 1981 alienage discrimination class action lawsuit. The lawsuit alleges that Northwestern Mutual Life Insurance Company...more

1/16/2015 - Citizens Class Action DACA Discrimination Employer Liability Issues Employment Authorization Document Green Cards Non-Citizens

Latest update on the New York State Wage Theft Act Annual Pay Notices: No Need to Distribute Them. But NY Employers, Don’t Forget...

Confirming earlier reports, New York employers will not have to distribute New York State Wage Theft Act Annual Pay Notices in January 2015 or thereafter....more

1/2/2015 - Andrew Cuomo Annual Notices Wage Theft Prevention Act

Did the NLRB Really Just Grant Employees the Presumptive Right to Use Employer-Provided Email Systems? We Break Down the Purple...

In a 3-2 decision divided along party lines, the National Labor Relations Board has ruled that employees have a presumptive right to use their employers’ email systems during non-working time to discuss unionization and the...more

12/31/2014 - Email Email Policies FLSA NLRB Protected Concerted Activity Purple Communications Unions

San Francisco Board of Supervisors Continues to Reshape Working Environment for Low-Wage and Part-Time Workers; Becomes First...

Just before the Thanksgiving break, as retailers were gearing up for “Black Friday,” “Cyber Monday,” and the newly-minted “Gray Thursday,” the San Francisco’s Board of Supervisors unanimously approved two new ordinances...more

12/22/2014 - Employee Rights Employer Mandates Local Ordinance Retailers San Francisco Wage and Hour

Update to the Update: New York Employers Will Likely Be Relieved of the Requirement to Distribute Annual Pay Notices in January...

Okay, so despite our previous post saying the opposite, employers likely will not have to distribute New York State Wage Theft Act Annual Pay Notices after all. We had good reason to report it the other way a couple of weeks...more

12/19/2014 - Annual Notices Pending Legislation Wage and Hour Wage Theft Prevention Act

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