Mintz Levin - Employment Matters

NLRB Adopts New Joint Employer Test: Companies That Kind of, Sort of, Maybe Someday Could Exercise Control Over Employees Can Be Joint Employers

The NLRB dropped a major bomb on businesses in subcontracting, franchising, and temporary staffing relationships yesterday, adopting a new—very, very broad—definition of joint employment. In Browning-Ferris Industries of…more
| Commercial Law & Contracts, Franchise Law, Labor & Employment Law

A Pick Off Play Strikes Out at the First Circuit, But There Are More Innings to be Played; the Debate Over Rule 68 Offers of Judgment Continues

Sorry, we couldn’t resist mixing our baseball metaphors. In Bais Yaakov of Spring Valley v. ACT, Inc., the First Circuit affirmed a district court decision refusing to dismiss a putative class action as moot based on an…more
| Civil Procedure, Civil Remedies, Communications & Media Law

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 6 of 24): Reporting Group Health Plan Opt-Out Arrangements under Code § 6055

Under a common strategy for controlling group health care plan costs, employers sometimes adopt arrangements under which an employee is offered cash as an incentive to waive coverage. These arrangements are colloquially referred…more
| Health, Labor & Employment Law, Taxation

Third Circuit Joins Sister Courts in Finding Suspension with Pay is not an “Adverse Employment Action” Within Meaning of Discrimination Laws

In Precia Jones v. SEPTA, the Third Circuit Court of Appeals last week joined six sister courts in finding that a suspension with pay typically does not constitute an “adverse employment action” within the meaning of Title VII…more
| Civil Procedure, Civil Rights, Labor & Employment Law

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 5 of 24): Reporting of Health Reimbursement Arrangements under Code § 6055 (Spoiler Alert: You Are Not Going to Like This One)

As we reported last week, the IRS recently issued draft 2015 Instructions for Forms 1094-C and 1095-C. These instructions are of interest to applicable large employers who must report their compliance with the Affordable Care…more
| Health, Labor & Employment Law, Taxation

NLRB Calls Out the Punt Team and Declines Jurisdiction Over Northwestern University Football Players

In a mild surprise given the current constitution of the Board (read – majority appointed by President Obama), the NLRB declined to assert jurisdiction in ruling on the petition of Northwestern University’s scholarship football…more
| Art, Entertainment, & Sports Law, Education, Labor & Employment Law

7th Circuit Latest Court to Weigh in on Rule 68 Offers of Judgment; Holds That They Don’t Moot a Case; But With Supreme Court Decision Looming Next Term, Precedent May Prove Short-Lived

A Seventh Circuit panel recently overruled its own precedent to hold that a defendant’s offer of full compensation in an offer of judgment under Federal Rule of Civil Procedure 68 does not moot the litigation. While the…more
| Civil Procedure, Constitutional Law

Mintz Levin Alumni Profile — Flora Feng, Senior Director & Legal Counsel, Asia Pacific Region, PepsiCo

Narges Kakalia, a member in the litigation section in our New York office, recently sat down with Mintz Levin alumna Flora Feng, Senior Director & Legal Counsel, Asia Pacific Region for PepsiCo to discuss career transitions, the…more
| Law Practice Products & Services

Corporate Divorce: 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…more
| Labor & Employment Law

Employer Win in California – Say What??? Stress From Working Under Particular Supervisor is Not a Disability

Over the course of a career many workers experience the displeasure of dealing with a difficult supervisor — the type of individual whose mere presence in the workplace is a source of dread and whose name inspires feelings of…more
| Civil Procedure, Civil Rights, Labor & Employment Law

First Circuit Says Plaintiffs Cannot Prevail on Location-Based Discrimination Claims Based on a Disparate Impact Theory

Recently, the First Circuit Court of Appeals held that former employees of a FEMA call center could not proceed in their Title VII location-based disparate impact and retaliation claims against the agency. The case,…more
| Civil Procedure, Civil Rights, Labor & Employment Law

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 4 of 24): Highlights from the Draft 2015 Instructions for Forms 1094-C and 1095-C

The IRS recently issued draft 2015 Instructions for Forms 1094-C and 1095-C (“2015 Instructions”). These are the forms that employers with 50 or more full-time employees (including full-time equivalent employees) in the previous…more
| Health, Insurance, Taxation

Corporate Divorce Series: The Courtship of Employment Negotiation

Yes I realize that had my Corporate Divorce series progressed in a linear way, I would have started with The Courtship instead of The Break Up, but employment law metaphors are sometimes unpredictable. In my defense, I note…more
| Labor & Employment Law

Massachusetts State Court Holds Employee Cannot Recover Treble Damages on Late Wage Payments

Can an employer escape a treble damage award under the Massachusetts Wage Act where it makes a late payment of final wages to a fired employee after the employee filed a wage complaint with the state Attorney General but before…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

More Paid Sick Leave on the Horizon? Draft Executive Order Calls for Paid Sick Leave for Federal Contractors and Subcontractors.

The New York Times reported yesterday that it received a draft executive order marked “pre-decisional and deliberative,” which contemplates granting a minimum of 56 hours of paid sick leave per year to employees of federal…more
| Elections & Politics, Government Contracting, Labor & Employment Law
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