Mintz Levin - Employment Matters

Federal Guidance on Independent Contractors on Its Way This Summer

Recently, Wage and Hour Division (WHD) Administrator David Weil announced that the DOL would issue an “administrator interpretation” letter early this summer on how an employer can best address whether an individual qualifies as…more
| Labor & Employment Law

Jury Hits Employer With $2.2 Million Verdict For GINA Violations in Workplace Defecator Case

In a previous post we discussed the Northern District of Georgia’s decision in Lowe v. Atlas Logistics Group Retail Services, LLC, (N.D.Ga. May 5, 2015), holding that an employer violated the Genetic Information…more
| Labor & Employment Law

Supreme Court to Decide Two Cases Addressing Important Class and Collective Action Issues

The Supreme Court has agreed to hear two cases during its Fall 2015 term that could further transform the wage and hour class action landscape. We briefly discuss those two cases below. Gomez: The Effect of Rule 68 Offers…more
| Civil Procedure, Civil Remedies, Labor & Employment Law

Rocky Mountain High Part II: Colorado’s Highest Court Approves Employer’s Stance that Employee Toke is No Joke

Last week the Colorado Supreme Court ruled that an employer can fire an employee for use of medical marijuana away from the workplace. The case is Coats v. Dish Network, No. 13SC394 (June 15, 2015). The plaintiff is a…more
| Labor & Employment Law

Attorney General’s Office Issues Final Regulations on Massachusetts Sick Time Law

On June 19th, the Massachusetts Attorney General’s Office (AGO) issued final regulations for the Massachusetts Earned Sick Time Law, which goes into effect next week on July 1, 2015. The final regulations differ in material ways…more
| Labor & Employment Law

Corporate Divorce: Treat Your Employment Contract Like a Prenup

Once again I observe that while I am not a divorce lawyer, the analogies of divorce law to my employment practice are startling. Two parties meet (the interview), they realize how many things they have in common (the job…more
| Commercial Law & Contracts, Labor & Employment Law

California’s Paid Sick Leave Law Takes Effect July 1

As of July 1, 2015, any employer with employees in California must comply with the state’s new Paid Sick Leave Law (AB 1522). Below is a brief summary of what this change will mean to employers..…more
| Labor & Employment Law

Third Circuit Issues Bright-line Interpretation of FMLA’s “Overnight Stay” Rule

Early last month, the U.S. Court of Appeals for the Third Circuit held that a former employee’s hospital stay did not count as an “overnight stay” under the Family and Medical Leave Act, and thus did not trigger the FMLA’s…more
| Labor & Employment Law

Add Connecticut to Your List of States with a Social Media Privacy Policy Law Favoring Employees

Since 2012, many states have enacted laws that restrict an employer’s capacity to access employees’ personal email and social media accounts. Last month, Connecticut joined the party and became the 21st state to enact an…more
| Labor & Employment Law, Privacy

Ban the Box (Plus) Comes to New York City; Jurisdiction Latest to Prohibit Employers From Inquiring About Criminal History

Have you ever been convicted of a misdemeanor or felony that was not dismissed, expunged, or sealed? New York City employers, if you ask that question on your employment application or some version of that question, then remove…more
| Labor & Employment Law

Supreme Court Holds That Employers Do Not Need Actual Knowledge of an Applicant’s Need for a Religious Accommodation Before They Can Be Held Liable for Discrimination

The Supreme Court recently held that job applicants may hold their potential employer liable for intentional discrimination under Title VII if the applicant can show that his or her need for an accommodation was a motivating…more
| Civil Rights, Labor & Employment Law

Student Employees and the Affordable Care Act – Part 4 of 4: If students are employees, how are their hours counted?

In our prior installments, we determined that students who work at least 30 hours per week for their educational institutions are “full time” employees of those institutions under the Affordable care Act’s employer shared…more
| Education, Insurance

Student Employees and the Affordable Care Act – Part 3 of 4: Can we subsidize student health insurance?

In Part 2 of this miniseries, we discussed whether a student health insurance plan may be used to help an educational institution avoid penalties under t the Affordable Care Act’s “employer shared responsibility” mandate with…more
| Education, Labor & Employment Law

Student Employees and the Affordable Care Act – Part 2 of 4: Can an offer of student coverage count as an applicable large employer’s “offer” of coverage?

In the previous installment of this series, we addressed whether student employees may be excluded from an employer’s offer of coverage. We concluded that a blanket exclusion of this nature could put an employer at risk for ACA…more
| Education, Insurance

No Parade for Employers: NLRB Judge Invalidates Several Policies in Macy’s Handbook

The NLRB continued its assault on employee handbooks and policies, as an administrative law judge recently found several provisions in the Macy’s handbook, including the confidential information policy, to be unlawful, as…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law
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