Mintz Levin - Employment Matters

701 Pennsylvania Avenue, N.W. Suite 900
Washington, DC 20004, United States

  • 202-585-3507
  • 202-434-7400

National Labor Relations Board Majority Holds That Seeking Co-Worker Assistance with an Individual Harassment Complaint is Protected Activity Under the Act; Overrules Holling Press, Inc.

Last week, the NLRB took an exceptionally broad view of what constitutes “concerted activity” and what kind of efforts are aimed at “mutual aid or protection” under the National Labor Relations Act. For employers, this could…more
| Labor & Employment Law

The Affordable Care Act—Countdown to Compliance for Employers, Week 19: Changes in Employment Status under the Look-Back Measurement Method

An earlier post explained the two principle methods—the “monthly measurement method” and the “look-back measurement method”—available to applicable large employers to identify full-time employees for purposes of determining…more
| Labor & Employment Law, Health, Taxation

Governor Christie Vetoes New Jersey Unemployment Discrimination Bill

In somewhat of a surprise move, in the same week that New Jersey Governor Chris Christie signed into law the Opportunity to Compete Act, which prohibits employers from inquiring about job candidates’ criminal histories early in…more
| Civil Rights, Elections & Politics, Labor & Employment Law

Governor Christie Signs Scaled-Back Opportunity to Compete Act – New Jersey’s Ban the Box Bill

We previously wrote about New Jersey’s proposed “ban the box” measure, known as the Opportunity to Compete Act, a law that would prohibit employers from inquiring about job candidates’ criminal histories early in the hiring…more
| Civil Rights, Labor & Employment Law

A Lesson on the ADA: Engaging in Good Faith in the Interactive Process is Essential

Understanding the mandates of the Americans with Disabilities Act and similar state and local laws is easy: employers cannot discriminate against individuals with disabilities. However, navigating the reasonable accommodation…more
| Civil Procedure, Civil Rights, Labor & Employment Law

The Affordable Care Act—Countdown to Compliance for Employers, Week 20: 9.5% ? 9.56% (And Why It Matters to Applicable Large Employers)

While employers sometimes view the Affordable Care Act’s employer shared responsibility (or “pay-or-play”) rules in isolation, they don’t operate that way. Instead, they exist side-by-side with other provisions of the Act. In…more
| Labor & Employment Law, Health, Taxation

Two All-Beef Patties, Special Sauce, Lettuce, Cheese, Pickles, Onions, on a Sesame Seed Bun – NLRB Rocks Franchise World by Authorizing Complaints Against McDonald’s as a Joint Employer; Signals Significant Step Toward Broadening the Joint Employer Test

The National Labor Relations Board is attempting to expand the reach of the National Labor Relations Act once again – this time the NLRB’s Office of the General Counsel authorized formal complaints against McDonald’s USA, LLC,…more
| Labor & Employment Law, Franchise Law

Colorado Federal Court Walks Back Rejection of ADEA Waiver in RIF Case

In a previous post we discussed Foster v. Mountain Coal Company LLC, the District of Colorado’s decision invalidating a waiver of an employee’s claims against his employer under the Age Discrimination in Employment Act (ADEA)…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

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 news…more
| Labor & Employment Law

A Terrible, Horrible, No Good, Very Bad Year: President Obama Targets Federal Contractors Again, This Time on Labor Law Compliance

Federal contractors must be straining their necks to see if they have an actual target on their backs. Last week, President Obama signed an executive order that requires federal contractors to disclose labor and employment law…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law, Government Contracting

NLRB Boosts 'Micro Units' With Macy's Decision

In 2011, the National Labor Relations Board (NLRB) issued a memorable decision in Specialty Healthcare and Rehabilitation Center of Mobile. The ruling, which was eventually upheld by a federal court of appeals, dealt a blow to…more
| Commercial Law & Contracts, Labor & Employment Law

PLEADING A NON-COMPETE CLAIM: Sometimes the Bare Minimum Is Just Enough

There is no such thing as “per se” unenforceability of non-compete agreements (with a few notable exceptions). Instead, a court will enforce a non-compete if it meets whatever criteria a particular jurisdiction establishes –…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

The Affordable Care Act—Countdown to Compliance for Employers, Week 21: Self-Funded Group Health Plans, the Affordable Care Act and National Health Plan Identifier Numbers (HPIDs)

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) ushered in broad national standards aimed at improving the efficiency and effectiveness of the U.S. health care system. Referred to generically as…more
| Labor & Employment Law, Privacy, Health, Insurance, Science, Computers, & Technology

Conflicts & Nepotism – A Dangerous Employment Cocktail

Last week, Alabama Governor Robert Bentley removed Alabama State University Trustee Marvin Wiggins for violating the University’s conflict of interest rules. The removal proved once again that if you are responsible for the…more
| Commercial Law & Contracts, Education, Labor & Employment Law, Business Torts

Shuffleboard, Early Bird Specials, and . . . Whistleblowing?

When most employers hear the word “whistleblower,” they think of their current employees and various anti-retaliation laws; however, under the SEC’s “Whistleblower Program,” the “whistleblower” may be a current or former…more
| Civil Remedies, Labor & Employment Law, Securities Law
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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Labor & Employment Law
  • Litigation
Locations
Other U.S. Locations
  • California
  • Connecticut
  • D.C.
  • Massachusetts
  • New York
Other Countries
  • Israel
Number of Attorneys

25-50 Attorneys

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