Mintz Levin - Employment Matters

Duty to Monitor Investments Extends Statute of Limitations for Fiduciary Breach Claim Says Supreme Court

The Supreme Court has decided an important statute of limitations issue in an ongoing fiduciary breach case, Tibble v. Edison International. Tibble has attracted attention up to this point for its substantive claim: that plan…more
| Civil Procedure, Finance & Banking, Insurance

U.S. Department of Labor Re-Proposes Rules Governing the Definition of “Fiduciary”—Part 2: The “Best Interest Contract” Exemption

In Part 1 of this series, we reported on recently proposed regulations issued by the U.S. Department of Labor amending the definition of the term “fiduciary” under the Employee Retirement Income Security Act (“ERISA”) and the…more
| Labor & Employment Law, Finance & Banking, Insurance, Securities Law

Lowering the Bar: Fourth Circuit Rules Single Incident Sufficient to Trigger Title VII Hostile Work Environment Claim

Out with the old and in with the new. In a decision issued last week, the 4th Circuit Court of Appeals held that a single incident of harassment was sufficient to move a harassment claim forward. This decision is certainly a…more
| Civil Rights, Labor & Employment Law

Surprise! You Get to Arbitrate! Massachusetts Courts Continue to Permit Third Parties to Enforce Arbitration Agreements

Two Massachusetts decisions—including one from the state’s highest court—applied the same standard regarding enforcement of an agreement to arbitrate. In each case, plaintiffs signed arbitration agreements with another party. …more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor & Employment Law

U.S. Department of Labor Re-Proposes Rules Governing the Definition of “Fiduciary”: Part 1: The Rule and its Exceptions

The U.S. Department of Labor recently issued proposed regulations that make sweeping changes to the definition of the term “fiduciary” under the Employee Retirement Income Security Act (ERISA). To call this proposal…more
| Labor & Employment Law, Finance & Banking

Employer’s Use of DNA Test to Catch Employee Engaging in Inappropriate Workplace Behavior Violates Federal Law, Says U.S. District Judge

If someone continually, yet anonymously, defecated on the floor of your workplace, you’d probably want to use any and all legal means at your disposal to identify and discipline the perpetrator. Your methods might include…more
| Civil Rights, Labor & Employment Law

NLRB Holds Firm on its View that Class/Collective Action Waivers in Arbitration Agreements Violate the NLRA

Despite overwhelming judicial disapproval, the NLRB simply will not relent in its view that mandatory arbitration agreements containing class/collective action waivers violate the National Labor Relations Act…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Quick Update on the Obama Administration’s Efforts to Update the FLSA White Collar Exemptions

As has been widely reported, President Obama has ordered the US Department of Labor to updated existing federal regulations on overtime in order to account for the changing nature of the workplace and to allow both workers and…more
| Elections & Politics, Labor & Employment Law

Massachusetts Attorney General’s Office Issues Much-Anticipated Proposed Regulations on Massachusetts Sick Time Law

The Massachusetts Attorney General’s Office has issued proposed regulations to the Massachusetts Earned Sick Leave Law, which was approved by voters in November 2014 and goes into effect on July 1, 2015 – less than two months…more
| Labor & Employment Law

Mach Mining, LLC v. EEOC: Supreme Court Holds EEOC Conciliation Efforts are Subject to Limited Judicial Review

In a unanimous decision, the Supreme Court said that conciliation efforts by the Equal Employment Opportunity Commission are subject to limited judicial review. Justice Kagan authored the decision in Mach Mining, LLC v. EEOC,…more
| Administrative Law, Civil Procedure, Labor & Employment Law

These Taxi Drivers Are Not Employees Says Massachusetts Supreme Judicial Court

We have been following the high-publicity battle between Uber and Lyft, on the one hand, and the drivers on the other, over whether the drivers are properly classified as independent contractors. Uber and Lyft argue they are…more
| Administrative Law, Labor & Employment Law, Transportation

New York Federal Court “Likes” the Use of Social Media to Notify Class Members in Wage and Hour Action

In what appears to be a sign of things to come, a federal court in New York recently approved the use of social media to notify potential class members who were more likely to be reached that way rather than by more traditional…more
| Civil Procedure, Communications & Media Law

New York City Aims to Strengthen its Enforcement of Human Rights Law; Paired Testing Employment Discrimination Investigations on the Way

Mayor de Blasio recently signed a series of bills that, among other things, require the New York City Human Rights Commission – the agency responsible for enforcing the New York City Human Rights Law – to conduct employment…more
| Administrative Law, Civil Rights, Labor & Employment Law

Will the Second Circuit “Like” the NLRB’s Recent Stance on Social Media? An Update on the Facebook “Like” Firing Case

The NLRB last week filed its brief at the Second Circuit Court of Appeals in the well-publicized Facebook “Like” firing case, Three D, LLC v. NLRB. Prior to the appeal, we discussed the NLRB’s August 2014 ruling here as part of…more
| Civil Procedure, Communications & Media Law, Labor & Employment Law

Second Circuit Synchs Up With its Sister Courts: Now Says Employees May Premise FLSA Retaliation Claim on Oral Complaints to Employer

This week, in Greathouse v. JHS Security, Inc., the Second Circuit Court of Appeals held that employees may pursue a Fair Labor Standards Act retaliation claim premised upon an oral complaint to their employer – a clear…more
| Civil Procedure, Civil Rights, Labor & Employment Law
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