Mintz Levin - Employment Matters

California Sick Leave Amendments Offer (Some) Needed Clarity for Employers

The California paid sick leave law provided a significant boon to employees not included under employers’ sick leave or paid time off policies, but it often created more questions than answers for companies. How do we calculate…more
| Labor & Employment Law

NLRB Removes Blanket Exemption on Mandatory Disclosure for Witness Statements. What’s an Employer To Do?

The NLRB recently reversed 37 years of precedent in deciding to adopt a new standard for a union’s access to witness statements taken in pre-grievance arbitration employer investigations. For years, under the blanket exemption…more
| Labor & Employment Law

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 2 of 24): Yikes! The Costs of Failing to Comply Just Doubled

The Affordable Care Act (ACA) imposes information reporting rules on providers of minimum essential coverage, e.g., insurance carriers and self-funded plans, and on applicable large employers, i.e., those employers that are…more
| Health, Insurance, Labor & Employment Law

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an…more
| Civil Procedure, Immigration Law, Labor & Employment Law

New York Becomes First State Raise Minimum Wage to $15 . . . For Fast Food Workers

A panel appointed by New York Governor Andrew Cuomo recommended a minimum hourly wage increase to $15 for fast food service workers on Wednesday. The recommendation comes just three months after Governor Cuomo tasked the…more
| Labor & Employment Law

EEOC Rules that “Sex” Encompasses Sexual Orientation Under Title VII; Ruling Helpful to LGBT Employees, But Not an End to the Debate

In a sweeping decision, the U.S. Equal Employment Opportunity Commission found that Title VII prohibits sexual orientation-based discrimination. Although the statute does not explicitly include sexual orientation as a protected…more
| Civil Rights, Labor & Employment Law

Corporate Divorce: Is Unemployment Like Alimony?

In my last article I promised to examine as part of my Corporate Divorce Series whether alimony (though the politically correct term these days is “spousal support”) is like unemployment (I’m pretty sure it is still acceptable…more
| Labor & Employment Law

AT&T “Prisoners” Can’t Escape Common Sense: D.C. Circuit Shackles NLRB T-shirt Decision

In a refreshing decision for employers, the D.C. Circuit Court of Appeals earlier this month tossed an eyebrow-raising NLRB decision which permitted AT&T customer-facing and publicly visible technicians to wear faux prison garb…more
| Administrative Law, Civil Procedure, Labor & Employment Law

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 1 of 24)

Alden Bianchi, Chair of the our Employee Benefits & Executive Compensation Practice, will provide a weekly installment on the complex reporting obligations outlined by the Affordable Care Act for health insurance carriers and…more
| Labor & Employment Law, Insurance, Taxation

Can a Move to California Invalidate a Non-Compete?

It turns out the answer to this question depends on the reason for the move and whether California law applies to the contract. We all know that California is finicky when it comes to non-competes – so much so that…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

DOL Releases Guidance Indicating That Independent Contractor Classification is Restricted to a Narrow Class of Workers

The DOL is at it again. First it was the highly-anticipated release of the proposed overtime rules a few weeks ago, and now the Department’s Wage and Hour Division has issued an “Administrator’s Interpretation” – its first of…more
| Labor & Employment Law

Post-Employment Covenants: Is an Inducement to Smile An Inducement to Cancel?

A recent Circuit Court case confirms that the term “non-inducement” means just that. In American Family Mutual Insurance Company v. Graham, the Eighth Circuit affirmed a jury verdict against an insurance agent who, the jury…more
| Commercial Law & Contracts, Labor & Employment Law, Insurance

Federal Court Says Employer Can Be Liable for Acts of Anonymous Harasser

As a major national company learned recently, employers cannot shirk their obligations to investigate employee complaints of a hostile work environment simply because the identity of the harasser is unknown. Failure to…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Purchaser of LLC Units May Enforce Non-Compete Without Employee Consent

As ubiquitous as limited liability company interests may be these days, litigants are still arguing over whether the sale of LLC membership units is like the sale of stock. When a stock sale takes place, the new owners of the…more
| Commercial Law & Contracts, Labor & Employment Law, Securities Law

No Fault Employment?

The divorce metaphor bears fruit yet again when it comes to the employment relationship. To this mix I add the concept of “no fault” divorce and the reasons employment ends. A “no fault” divorce permits a spouse to end a…more
| Commercial Law & Contracts, Labor & Employment Law
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