Mintz Levin - Employment Matters

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

California Non-Compete Update: No Re-Hire Provisions May be in Jeopardy, Especially for Large Employers

The Ninth Circuit Court of Appeals recently sent a case back to a district court to revisit its enforcement of a settlement agreement that prohibited an employee from future employment with the employer and any company the…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law

The EEOC Provides Welcome Guidance on Employment-Based Wellness Plans

On April 16, 2015, the EEOC published proposed regulations setting forth its position on the use of physical examinations under employment-based wellness programs. This comes as welcome guidance to employers who have…more
| Civil Rights, Labor & Employment Law, Privacy, Health

California District Court Holds That LinkedIn’s “Reference Searches” Function Not a Consumer Report under the Fair Credit Reporting Act

A Magistrate Judge in the Northern District of California recently handed down an important decision regarding the application of the Fair Credit Reporting Act to one of LinkedIn’s search products. The decision in Sweet v…more
| Civil Procedure, Communications & Media Law, Labor & Employment Law, Finance & Banking, Consumer Protection

New York City Will Prohibit Most Employers From Basing Employment Decisions on an Applicant or Employee’s Consumer Credit History

The New York City Council passed the Stop Credit Discrimination in Employment Act last Thursday. It amends the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee or…more
| Civil Rights, Labor & Employment Law, Finance & Banking

Figuring Out Cheryl’s Birthday: Employment Law Edition

First it was the blue and gold dress. Now, the next viral internet sensation centers on the unlikeliest of events: Cheryl’s birthday. We thought we’d have some fun and pose it as an employment law question. See if you can…more
| Labor & Employment Law

En Banc Sixth Circuit Decision Holds that Telecommuting Was Not a Reasonable Accommodation Under the Americans with Disabilities Act for Ford Employee

Last Friday, the Sixth Circuit Court of Appeals sitting en banc held that telecommuting up to four days a week was not a reasonable accommodation under the ADA for a disabled Ford Motor Co. employee. The decision, EEOC v. Ford…more
| Civil Procedure, Civil Rights, Labor & Employment Law

NLRB Holds Employee’s Obscene Facebook Post Criticizing Supervisor is Protected

We have written previously about the expanding scope of social media activities that the National Labor Relations Act protects and the tight limits the NLRB places on an employer’s ability to discipline employees for…more
| Labor & Employment Law

New York Federal Court Applies New York City Human Rights Law’s Liability Provision to Employer’s Agent

The New York City Human Rights Law specifically says that an employer’s agent can be held liable for discrimination, but its liability provision doesn’t address the circumstances under which that agent may be held liable for the…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Sixth Circuit Decision Refusing to Enforce Collective Action Waiver Included in Separation Agreement Remains Intact; Supreme Court Declines to Review

This week, the Supreme Court disappointed many employers by declining to determine whether the Fair Labor Standards Act does or does not provide employees with a non-waivable substantive right to bring a collective action. The…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

[Event] Massachusetts Employment Law Summit - May 13, Boston, MA

Employers and their HR departments are faced with a host of new issues and challenges. When you’re not navigating new state, federal, and local laws and making sure systems are in place to comply with them, you’re busy…more
| Privacy, Health, Insurance
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701 Pennsylvania Avenue, N.W. Suite 900
Washington, DC 20004, United States

  • 202-585-3507
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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Labor & Employment Law
  • Litigation
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Other U.S. Locations
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  • New York
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25-50 Attorneys

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