Mintz Levin - Employment Matters

Federal Court Requires “Meeting of the Minds” To Enforce Arbitration Agreement Included in Employment Application

Last month, a federal court in Maryland denied an employer’s motion to compel arbitration even though the plaintiff executed an arbitration agreement the employer had included in the plaintiff’s employment application. The…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

UPDATE: OMB Says DOL May Publish Final White Collar Exemptions Overtime Rules in July 2016

July 2016. That’s when the final rule on the white collar overtime exemptions is expected to be published by the DOL – this according to the OMB’s Fall 2015 Unified Agenda and Regulatory Plan released last Thursday. Just one…more
| Labor & Employment Law

Ninth Circuit Won’t Review Uber Driver Class Certification Decision

The sharing or gig economy has introduced a new management paradigm for companies, more flexible schedules for workers, and a greater level of convenience and accountability to consumers. While there are many supporters of this…more
| Civil Procedure, Labor & Employment Law

Offering Pre-Tax Transit Benefits is no Longer Optional for New York City Employers

New York City’s Affordable Transit Act, which takes effect on January 1, 2016, will require most employers with 20 or more full-time employees to allow employees to apply pre-tax earnings toward qualified commuting expenses. …more
| Labor & Employment Law, Taxation, Transportation

Truthful Terminations May Lead to Better Consequences

We are often asked what, if anything, employers should tell an employee about the reasons for the employee’s termination, especially if the termination is abrupt. We tell employers to tell the truth…more
| Civil Rights, Labor & Employment Law

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 18 of 24): Terminations, Changes in Status and Service Breaks under the Monthly Measurement Method

The final regulations under Code § 4980H establish two—and only two—methods for determining an employee’s status as full-time: the monthly measurement method and the look-back measurement method. Under the former (as the name…more
| Health, Labor & Employment Law

NLRB Won’t Take “No” For an Answer — Holds Class Action Waiver in Arbitration Agreement Unlawful Despite Two Previous Reversals at the Fifth Circuit

The NLRB has once again held that a mandatory arbitration agreement including a class/collective action waiver violates the National Labor Relations Act. With barely an acknowledgment that the Fifth Circuit reversed its last…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Breaking News: DOL Indicates That New White Collar Exemption Overtime Rule May Not Go Into Effect Until Late 2016

The Department of Labor’s proposed overhaul of the white-collar exemption overtime regulations, which could expand overtime eligibility to an estimated 4.6 million workers, may not go into effect on the breakneck timeline that…more
| Labor & Employment Law

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 17 of 24): Reporting for Offers of Coverage and Auto-enrollment

The recently enacted Bipartisan Budget Act of 2015 repealed Section 1511 of the Affordable Care Act (ACA), which generally would have required employers with more than 200 full-time employees to automatically enroll new…more
| Insurance, Labor & Employment Law, Taxation

Second Circuit “Likes” Where NLRB Shakes Out on Social Media: Finds that Facebook “Likes” and Obscenity-Riddled Posts Were Protected by NLRA

A unanimous panel of the Second Circuit recently upheld the NLRB’s well-publicized Facebook “Like” decision, which found that a sports bar violated the National Labor Relations Act when it terminated two employees for “liking”…more
| Civil Procedure, Communications & Media Law, Labor & Employment Law

Fifth Circuit (Again) Reverses NLRB and Finds Class Action Waivers in Arbitration Agreements Do Not Violate the NLRA

The battle between the NLRB and the Fifth Circuit rages on, as the Fifth Circuit again ruled that employers do not violate the National Labor Relations Act when they require employees to sign arbitration agreements containing…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

NLRB to Reconsider Whether Graduate Teaching Assistants at Private Universities Can Unionize

Last week, the National Labor Relations Board (the “Board”) voted 3-1 to reconsider its decision in Brown University, 342 NLRB 483 (2004) that graduate teaching and research assistants are not employees under the National Labor…more
| Civil Procedure, Education, Labor & Employment Law

NLRB Discusses Joint Employment for the First Time Since Browning-Ferris

The National Labor Relations Board, in one of its first applications of the Browning-Ferris decision, gave hope to non-union contracting entities engaged in franchising and subcontracting relationships. After an extensive…more
| Civil Procedure, Commercial Law & Contracts, Franchise Law, Labor & Employment Law

Federal Court Allows Terminated Employee to Proceed with Age Discrimination Claim Despite Her Execution of a Release of Claims

A recent Colorado federal court decision serves as a good reminder to employers on how not to obtain a release of claims from a terminated employee. For starters, don’t tell the employee her job is being eliminated and then run…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 16 of 24): Reporting for, and Clearing Up Confusion Over, Post-65 Retiree Health Reimbursement Arrangements

In an earlier post, we reported on a troubling development in the draft 2015 instructions for Forms 1094-B and 1095-B which, if adopted, would have required sponsors of Health Reimbursement Arrangements (“HRA”) to issue separate…more
| Labor & Employment Law, Taxation
Showing 1-15 of 748 Results
View per page
Page: of 50

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

  • 202-585-3507
  • 202-434-7400

Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Labor & Employment Law
  • Litigation
Other U.S. Locations
  • California
  • Connecticut
  • D.C.
  • Massachusetts
  • New York
Other Countries
  • Israel
Number of Attorneys

25-50 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.