Michael S. Arnold

Michael S. Arnold

Mintz Levin

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EEOC’s Attempt to Limit Reach of Severance Agreements Hits Roadblock… Again

A federal judge in Colorado has once again stymied the EEOC’s efforts to successfully challenge an employer’s standard separation agreement as violating the Age Discrimination in Employment Act.  The decision in Equal...more

12/17/2014 - ADEA CollegeAmerica EEOC Hiring & Firing Severance Agreements

Update: New York Employers Will Still Be Required to Distribute Annual Pay Notices in January 2015

To the consternation and bewilderment of many, the New York State Legislature never sent to Governor Cuomo the bill it passed earlier this year repealing the New York State Wage Theft Act’s Annual Pay Notice Requirement. ...more

12/6/2014 - Notice Requirements Wage Theft Prevention Act

New York City Council Continues Push to Ban Credit Checks in Connection with Employment Decisions

The New York City Council’s Committee on Civil Rights recently held a hearing on a bill that would amend the New York City Human Rights Law to prohibit employers from basing an employment decision on the consumer credit...more

10/9/2014 - Credit Checks Employer Liability Issues Hiring & Firing Human Rights Code Job Applicants Legislative Agendas Legislative Committees

Employment Law Summer Recap 2014: Part 11 of 11 – GOOOOOOOOOOOOOOOOOOOOOAL: the World Cup and Onionhead Capture America’s...

This summer, the EEOC sued a healthcare company based out of Long Island (pronounced Lawn Guy-land) alleging religious discrimination under Title VII and the New York State Human Rights Law after the owners required employees...more

10/1/2014 - EEOC Employer Liability Issues Enforcement Actions Religious Discrimination Title VII

Employment Law Summer Recap 2014: Part 10 of 11 – Derek Jeter and Big Macs: What Will Happen to Their Franchises Now?

Sadly, for this writer, Yankee legend Derek Jeter’s playing days have come to a close. This summer we were able to watch the Captain and five-time World Series Champion take the final swings of his illustrious career where he...more

9/29/2014 - Employee Rights Franchises Joint Employers McDonalds Minimum Wage NLRA NLRB

Employment Law Summer Recap 2014: Part 9 of 11 – Mo’ne Davis, Becky Hammon and Obama’s Equal Pay Disclosure Rule: Three More...

Thirteen year-old pitching sensation Mo’ne Davis made headlines this summer as she became the first female to throw a shut-out in a Little League World Series game. She dominated batter after batter and looked mature beyond...more

9/25/2014 - Barack Obama Disclosure Requirements DOL Employee Rights Equal Pay Federal Contractors OFCCP Proposed Regulation Public Comment Subcontractors

Employment Law Summer Recap 2014: Part 8 of 11 – New York’s Coldest Summer, Especially for Employers Who Utilized Unpaid Interns

It felt like we were in a dream. Or maybe San Diego. Day after day, 82 degrees and little humidity. In a word: pleasant. We know next summer probably won’t be the same, but we sure enjoyed this one. That’s right – this was...more

9/24/2014 - Attorney's Fees Class Action Employer Liability Issues Entertainment Industry Liquidated Damages Media Misclassification Retailers Unpaid Interns Wage and Hour

Employment Law Summer Recap 2014: Part 7 of 11 – Joey Chestnut Gets Engaged, Wins Yet Another Hotdog Eating Contest and … then...

61 hot dogs in 10 minutes. Let me repeat: 61 hot dogs in 10 minutes. That’s an incredible 6.1 hotdogs per minute! But for competitive eating champion Joey Chestnut, it was just another day at the office. Chestnut took home...more

9/23/2014 - ADA Affordable Care Act EEOC Employer Liability Issues Wellness Programs

Employment Law Summer Recap 2014: Part 5 of 11 – Old School’s Frank Ricard and Contractual Statute of Limitations Provisions: I...

“...As we have pointed out, in the absence of a statute to the contrary, parties are free to contractually limit the time within which an action may be brought, as long as the contractual time is reasonable and does not...more

9/19/2014 - Employer Liability Issues Employment Contract Statute of Limitations

Employment Law Summer Recap 2014: Part 4 of 11 – Chris Pratt and Unexpected Surprises in Hollywood and the World of California...

This summer, those (31?) of us who watched Chris Pratt steal scene after scene in Parks & Recreation saw him ripen into the star we always hoped he’d become. First he charmed audiences as the voice of Emmett in the Lego Movie...more

9/18/2014 - Employee Rights Employer Liability Issues Misclassification U.S. Bank National Association

Employment Law Summer Recap 2014: Part 2 of 11 – What do the Ice Bucket Challenge and FMLA-Related Lawsuits Have in Common?

$113.6 million and counting – that’s the total amount donated to the ALS Association since July 29 as a result of the Ice Bucket Challenge. Just to put that fundraising number into perspective, the Association raised around...more

9/17/2014 - ADA ALS Association Anti-Retaliation Provisions Disability DOL Employer Liability Issues FMLA Fundraisers

Do as I Say, Not as I Do: Even the Government Falls Victim to Wage and Hour Violations Sometimes

Remember last fall when all we could talk about was the government shutdown? The 16-day government shutdown captured the attention of a nation once again gripped by seemingly-manufactured political crisis. Last week, two...more

8/12/2014 - Class Action Employer Liability Issues Federal Employees FLSA Furloughs Wage and Hour

A Disturbing Picture

It’s 2:30 in the afternoon. Trying to fight off midday malaise, you head for the break room. As you walk down the hall, you grow uncomfortable when you notice the stares of your co-workers. Your friend Colleen grabs you...more

8/6/2014 - Cyber-Stalking Employer Liability Issues Employment Policies Revenge Porn Right to Privacy Stalking

The EEOC Releases Updated Enforcement Guidance on Pregnancy Discrimination and Related Issues

The EEOC released its updated enforcement guidance on pregnancy discrimination yesterday — the first time it’s done so in more than 30 years. ...more

7/16/2014 - ADA Discrimination EEOC Employer Liability Issues Enforcement Guidance Pregnancy Discrimination Reasonable Accommodation

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

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