Mintz Levin - Employment Matters

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Firm Profile: Mintz Levin
701 Pennsylvania Avenue, N.W.
Suite 900
Washington, DC 20004, United States
Phone: 202-585-3507
Fax: 202-434-7400
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Labor & Employment Law
  • Litigation
Locations
Other U.S. Locations
  • California
  • Connecticut
  • D.C.
  • Massachusetts
  • New York
Other Countries
  • Israel
Number of Attorneys
400+ Attorneys

The Rise of the Group Health Insurance Captive

With its “employer mandate”—i.e., the requirement that applicable large employers make an offer of group health coverage to substantially all full-time employees or face the prospect of a penalty—the Affordable Care Act (ACA)…more
 /  Health, Insurance, Labor & Employment Law, Taxation

Can Congress Get to “Yes” on Replacing the Affordable Care Act?

Senate Majority Leader Mitch McConnell recently gave a candid assessment of the chances of getting an Affordable Care Act (ACA) replacement bill through the Senate, saying “I don’t know how we get to 50 (votes) at the moment.”…more
 /  Elections & Politics, Health, Insurance

Intermittent Leave Under the FMLA – The Basics

Congress adopted the Family and Medical Leave Act of 1993 (“FMLA”) to provide job security for employees who must miss work due to their own serious health condition, the birth of their children, to care for family members…more
 /  Labor & Employment Law

Second Circuit Orders En Banc Review of Panel Holding that Title VII Does Not Prohibit Sexual Orientation Discrimination

We previously discussed the conflict between a Second Circuit panel’s holding in April that Title VII of the 1964 Civil Rights Act did not prohibit discrimination on the basis of sexual orientation and the Seventh Circuit’s…more
 /  Civil Rights, Labor & Employment Law

Efforts to Shore up MassHealth Should Favor Simplicity and Avoid Potential Conflict with Federal Law

In an effort to make up for a funding shortfall in the Commonwealth of Massachusetts’ Medicaid program, state policymakers have proposed solutions that include a “play-or-pay” option under which employers who fail to offer major…more
 /  Conflict of Laws, Elections & Politics, Health, Insurance, Labor & Employment Law

New York City Law Increasing Protections for Freelance Workers Takes Effect

In a previous post we discussed the significant new obligations New York City’s “Freelance Isn’t Free Act” imposes on employers that retain the services of freelance independent contractors. On May 15, these requirements became…more
 /  Civil Rights, Labor & Employment Law

Update: NYSDOL Appeals Decision to Invalidate Regulation for Employers Who Use Direct Deposit and Payroll Debit Cards

As expected, the New York State Department of Labor (DOL) recently appealed the decision of the New York Industrial Board of Appeals invalidating the DOL regulations concerning employers who use direct deposit or payroll debit…more
 /  Administrative Law, Finance & Banking, Labor & Employment Law

Update on New York City Legislation Limiting Salary History Inquiries

As we recently blogged about here, efforts to ban inquiries related to applicants’ salary history have gained momentum across the country. Last Friday, New York City Mayor Bill de Blasio joined this trend by signing into law a…more
 /  Civil Rights, Labor & Employment Law

See No Evil, Hear No Evil: Third Circuit Finds Employer Not Liable for Tortious Interference Claim Where Employer had No Knowledge of New Hires’ Non-Competes

A few months ago, a three-member Third Circuit appellate panel in Acclaim Systems, Inc. v. Infosys, upheld a district court decision, which dismissed tortious interference claims against an employer for engaging with four…more
 /  Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Business Torts

Another Reminder that Director Limits set forth in Equity Plans Allow Director Compensation to be Reviewed under the more Lenient Business Judgment Rule

Earlier this month, in In re Investors Bancorp, Inc. Stockholders Litigation, the Delaware Court of Chancery reiterated its view that placing a meaningful limit on director equity awards to be granted under a stockholder…more
 /  Business Organizations, Business Torts, Civil Procedure, Labor & Employment Law, Securities Law

Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA

The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit reached…more
 /  Administrative Law, Communications & Media Law, Constitutional Law, Labor & Employment Law

Supreme Court Confirms Deferential Standard of Review for EEOC Subpoenas

Earlier this month, the Supreme Court confirmed that federal appeals courts should apply a deferential standard of review to federal district court determinations regarding the legal sufficiency of EEOC subpoenas…more
 /  Civil Procedure, Civil Rights, Labor & Employment Law

Second Circuit Panel: No, We Still Can’t Overturn Precedent on Sexual Orientation Discrimination

As we observed in a recent post on the Seventh Circuit’s decision in Hively v. Ivy Tech Community College extending Title VII to sexual orientation claims, the Supreme Court will probably have to resolve the disagreement among…more
 /  Civil Procedure, Civil Rights, Labor & Employment Law

Legislation Limiting an Employer’s Ability to Inquire About and Consider Applicants’ Prior Salary History Gains Momentum

We had such a spirited panel discussion on pay equity at our Third Annual Employment Law Summit recently that we wanted to follow up with a post addressing the current state of play on pay equity legislation, particularly with…more
 /  Civil Rights, Elections & Politics, Labor & Employment Law

Seventh Circuit Rules Title VII Bars Sexual Orientation Discrimination, Creating Circuit Split and Setting Stage for Likely Supreme Court Review

In a landmark en banc decision rejecting its earlier panel ruling, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that Title VII of the 1964 Civil Rights Act prohibits…more
 /  Civil Rights, Constitutional Law, Labor & Employment Law
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