Michael S. Arnold

Michael S. Arnold

Mintz Levin

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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 Union

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

Unpaid Interns One Step Closer to Receiving Protection Against Discrimination in New York

Last week we reported on a decision out of a New York federal district court refusing to extend the protections of the New York City anti-discrimination law to unpaid interns. That decision also confirmed that neither the...more

10/23/2013 - Anti-Discrimination Policies Discrimination Harassment Human Rights Internships Sexual Harassment Unpaid Interns

Second Circuit Court of Appeals Will Address Comcast’s Impact on Wage and Hour Class Action Lawsuits

What is the impact of the U.S. Supreme Court’s Comcast decision on wage and hour class action lawsuits? That is the question the Second Circuit Court of Appeals has agreed to hear on appeal....more

10/18/2013 - Class Action Class Certification Comcast SCOTUS Wage and Hour

New York State’s Highest Court Confirms that a Request for Indefinite Leave May Constitute a Reasonable Accommodation Under the...

The New York Court of Appeals – New York’s highest court – is out with a new decision this week addressing our favorite statutory friend (foe?), the New York City Human Rights Law – this time in the context of a disability...more

10/17/2013 - Disability Disability Discrimination FMLA Human Rights Reasonable Accommodation Unpaid Leave

New York State Department of Labor Adopts New Wage Deduction Regulations

The New York State Department of Labor has finally released regulations interpreting the Wage Deduction Law that New York amended nearly a year ago. Here are my 5 quick takeaways from those regulations....more

10/15/2013 - Wage and Hour Wage Deductions Wages

New York Federal District Court Declines to Extend Protections against Discrimination under the New York City Human Rights Law to...

I just finished reading a very interesting opinion in Wang v. Phoenix Satellite Television US, Inc., which Judge Castel issued late last week out of the Southern District of New York and which addresses the scope of the New...more

10/10/2013 - Discrimination Internships NYCHRL Unpaid Interns Wage and Hour Wages

Employer Exposure in Unpaid Wage Lawsuits May Decrease as Second Circuit Refuse to Apply New York Wage Theft Prevention Act's...

In 2010, New York enacted the Wage Theft Prevention Act, which in part amended its Labor Law to require courts to impose a liquidated damages award of 100% of the total unpaid wages owed to the employee. The law previously...more

10/7/2013 - Employer Liability Issues Employment Contract Liquidated Damages Unpaid Wages Wage and Hour

Back to School: Employers Must Remain Mindful of Employee Entitlement to School-Related Leave

School is back in full swing and we thought it best to update our previous post addressing school-related leave requirements for employers. Many states require (or at least encourage) employers to provide short-term unpaid...more

10/3/2013 - Adverse Employment Action Parental Leave Students Unpaid Leave

New York City Council Amends New York City Human Rights Law to Require Employers to Provide Reasonable Accommodations to Pregnant...

The nation’s broadest anti-discrimination law just got broader – now requiring employers to provide reasonable accommodations to pregnant employees. Existing Federal, state and city laws already protect women against...more

9/25/2013 - ADA Anti-Discrimination Policies Disability Disability Discrimination Discrimination Gender Discrimination Human Rights Pregnancy Pregnancy Discrimination Sex Discrimination

Unpaid Intern Decision May Provide Second Circuit the Opportunity to Clarify its Position on Class Certification in Light of...

As we wrote about previously, the legality of unpaid internships is a hot issue this summer, with courts struggling over two issues: (1) whether employers must classify entry-level “interns” as employees under the law, and...more

7/8/2013 - Class Certification Comcast Comcast v. Behrend Employee Rights Employer Liability Issues Full-Time Employees Internships SCOTUS Unpaid Interns Wage and Hour Wages

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