Mintz Levin - Employment Matters

Fourth Circuit Offers New Test for Joint Employment under FLSA

The Fourth Circuit recently ruled that a general contractor was the joint employer of employees of its subcontractor for purposes of the Fair Labor Standards Act. Salinas v. Commercial Interiors, Inc. has broad implications for…more
| Civil Procedure, Labor & Employment Law

Update: DOL Regulation For Employers Who Use Direct Deposit and Payroll Debit Cards Invalidated

On February 16, 2017, the New York State Industrial Board of Appeals invalidated and revoked the NYS Department of Labor regulations we wrote about previously (and updated here) governing payment of wages by direct deposit or…more
| Labor & Employment Law

The Future of the Affordable Care Act Week 6: Focus on the Individual Health Insurance Market

A recent report from the nation’s top actuaries takes a sobering look at the challenges policy makers face in creating a viable individual (i.e., non-group) health insurance market—a critical component of any plan to replace the…more
| Health

New York DOL Adopts Regulations Governing Employment Policies that Limit Employee Discussion of Wages

The New York State Department of Labor has adopted regulations clarifying employers’ rights and obligations when implementing policies that limit the discussion of wages in the workplace. Under New York Labor Law section 194(4),…more
| Labor & Employment Law

Supreme Court Delays Oral Arguments Regarding Employment ‘Class Arbitration’ Waivers

UPDATE: On February 8, 2017, the Supreme Court announced that it would delay until its October 2017 term oral arguments in the consolidated cases concerning the enforceability of class arbitration waivers in employment…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Labor & Employment Law

SEC Considers Changes to CEO Pay Ratio Rules

SEC Acting Chairman Michael S. Piwowar issued a public statement on February 6, 2017 requesting input on any unexpected challenges that companies have experienced as they prepare for compliance the CEO pay ratio rules. Piwowar…more
| Finance & Banking, Labor & Employment Law, Securities Law

The Groundhog Says Six More Weeks of Winter, So Employers Should Remain Mindful of Their Obligations During Inclement Weather

This morning Punxsutawney Phil told us that we are facing six more weeks of winter. Great. We thought it served as a good opportunity to remind employers of the importance of establishing inclement weather policies that are…more
| Labor & Employment Law

NYSDOL Releases Proposed Notice and Consent Forms for Direct Deposit and Payroll Debit Cards

In October, we wrote about the new NYSDOL regulations for employers who use direct deposit and/or payroll debit cards to pay their employees. The regulations take effect on March 7, 2017 – just about a month from now – and they…more
| Labor & Employment Law

EEOC v. Flambeau, Judicial Restraint, and the (Uncertain) Future of Employer-Sponsored Wellness Programs

On January 25, the Seventh Circuit Court of Appeals issued it much-anticipated decision in EEOC v. Flambeau, Inc. This case involved the regulation of employer-sponsored wellness plans and programs. Since 2006, the rules…more
| Civil Procedure, Health, Labor & Employment Law

EEOC Releases Guidance Concerning the Mental Health Provider’s Role in ADA Reasonable Accommodation Requests

The EEOC recently published guidance for mental health providers describing their role in an employee or applicant’s request for a reasonable accommodation under the Americans with Disabilities Act (“ADA”). While the guidance is…more
| Civil Rights, Health, Labor & Employment Law

The Future of the ACA Week 5: The Rep. Tom Price Plan(s)

This week continues our survey of key Republican proposals to “repeal and replace” the Affordable Care Act (ACA). In the past two weeks, we have reviewed the Trump/Pence transition plan, entitled “Healthcare Reform to Make…more
| Elections & Politics, Health, Labor & Employment Law

The Saga Continues on the Fate of the DOL’s Overtime Rule

Just before Thanksgiving, a Texas federal court judge issued an injunction blocking the closely-watched new federal overtime rule from taking effect as scheduled on December 1, 2016. As expected, the DOL is not going quietly…more
| Labor & Employment Law

New York City Enacts Nation’s First Freelance Worker Protection Law

As 2016 came to a close, New York City became the first in the nation to enact a law establishing payment protections and remedies for freelance workers. On November 16, 2016, Mayor de Blasio signed into law the Freelance Isn’t…more
| Commercial Law & Contracts, Labor & Employment Law

Negligent Employers May Be Held Liable For a Non-Supervisory Employee’s Discriminatory Actions Under “Cat’s Paw” Theory Says Second Circuit

The Second Circuit recently adopted the “Cat’s Paw” theory of liability in Title VII cases. This was hardly a surprise as other Circuit Courts had done the same after the United States Supreme Court endorsed Cat’s Paw in a…more
| Civil Procedure, Civil Rights, Labor & Employment Law

New York State Minimum Wage Rate and Exemption Salary Thresholds Set to Increase

Since a Texas federal judge blocked the U.S. Department of Labor’s overtime rule from taking effect in November, human resource managers, payroll professionals and employment attorneys (including over here at Employment Matters)…more
| Labor & Employment Law
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