Mintz Levin - Employment Matters

Work Rules Hanging in the Balance? NLRB Dissenter Proposes Balancing Test Blueprint for Work Rule Challenges, a Significant Departure from Board Precedent

Earlier this month, the NLRB struck down a couple of facially-neutral workplace civility rules in an employer’s Code of Conduct. Ho hum, business as usual. What is fascinating, however, about this otherwise unremarkable…more
| Labor & Employment Law

Uber Aims to Settle Two Class Actions; Approximately 385,000 Uber Drivers in California and Massachusetts to Remain Independent Contractors – At Least for Now

Last Thursday, Uber settled two closely-watched class actions contesting Uber’s classification of approximately 385,000 drivers in California and Massachusetts as independent contractors as opposed to employees. While the…more
| Labor & Employment Law

Employee’s Failure to Participate in Interactive Process in Good Faith is Fatal to ADA Accommodation Claim, Says Washington Federal Court

The Western District of Washington recently emphasized that the obligation under the Americans with Disabilities Act (“ADA”) to engage in good faith interactive dialogue when seeking an accommodation that will permit an employee…more
| Civil Rights, Labor & Employment Law

“On Call” Shifts Still In the Hot Seat in Massachusetts

The Massachusetts Attorney General’s Office Fair Labor Division has joined a multistate effort questioning retail stores’ use of “on call” shifts. Last week, the Massachusetts AG’s Office teamed up with its counterparts from…more
| Labor & Employment Law

Are Your HR Investigation Notes Protected Against Disclosure? Maybe, Maybe Not.

Just last month, two federal district courts reached different conclusions, further contributing to the confusion as to whether notes taken during a Human Resources department investigation of a discrimination or harassment…more
| Civil Rights, Labor & Employment Law

New York State Enacts Nation’s Most Generous Paid Family Leave Law Effective January 1, 2018

Earlier this month Governor Cuomo signed into law New York’s Paid Family Leave Act, which, when fully implemented, will provide virtually all employees in the state up to 12 weeks of paid family leave. Under the law, employees…more
| Labor & Employment Law

Private Equity Funds, Controlled Groups, and Multi-Employer Plan Withdrawal Liability: The Lessons of Sun Capital Partners vs. New England Teamsters and Trucking Industry Pension Fund

Both the Internal Revenue Code (the “Code”) and the Employee Retirement Income Security Act (“ERISA”) contain rules that aggregate trades and businesses under common control. For the most part, these rules are intended to…more
| Business Organizations, Labor & Employment Law, Taxation

Hold on to Your (Fiduciary) Hats: the Countdown to Compliance with the Department of Labor’s Final Fiduciary Rules Begins

After six years in the hopper, the Department of Labor finally issued final fiduciary regulations late last week that will greatly impact a wide variety of stakeholders. The Employee Retirement Income Security Act (ERISA)…more
| Labor & Employment Law

Understanding the Extraterritorial Scope of Title VII and the ADA for U.S. Employers

Many employers still grapple with the application of certain anti-discrimination laws — such as Title VII and the ADA — to non-U.S. citizen employees working in the United States and U.S. citizen employees working overseas. To…more
| Civil Rights, International Law & Trade, Labor & Employment Law

California and New York Approve Phased-In $15 Per Hour Minimum Wage, Highest in Country’s History

California and New York have each passed laws that will gradually raise their state’s minimum wage rate to $15 per hour. This is a stunning development coming just four years after a small group of New York fast food workers…more
| Labor & Employment Law

Innocents Abroad: Sending Employees Into Harm’s Way – A Word About Offer Letters – Part II

Ned: As promised, I am following up on my email from last week regarding some additional resources for employees working abroad. The offer/assignment letter is a great place to specifically outline additional resources and…more
| International Law & Trade, Labor & Employment Law

Equal Pay for Equal Play – U.S. Women’s National Team Files Wage Discrimination Claim Against

Five members of the U.S. women’s national soccer team, including stars Carli Lloyd, Hope Solo and Alex Morgan, filed a complaint at the Equal Employment Opportunity Commission against the U.S. Soccer Federation alleging that…more
| Art, Entertainment, & Sports Law, Civil Rights, Labor & Employment Law

Corporate Divorce Series: Online Dating, The Bachelor, and Predicting Successful Employment Relationships

If there is a predictive model for dating, why can’t the same model apply to the employment relationship? I was fascinated to learn recently that eHarmony, the online dating site, had launched a career site called Elevated…more
| Labor & Employment Law

EEOC v. Flambeau, Voluntary Plans, the Insurance Safe Harbor, and the Future of Wellness Programs

The benefits world was set abuzz late last year with Equal Employment Opportunity Commission v. Flambeau, Inc., in which the Federal District Court for the Western District of Wisconsin upheld the validity of Wisconsin-based…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Health

Summer Blockbuster: DOL’s Divisive Union “Persuader” Rule Coming to Employers Near You on July 1, 2016

“Pay no attention to that man behind the curtain. The great Oz has spoken.” Invoking the Wizard of Oz, US Secretary of Labor Thomas E. Perez and the US Department of Labor unveiled last week the finished product of its…more
| Labor & Employment Law
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