Mintz Levin - Employment Matters

The EEOC’s Proposed Revisions To The EEO-1 Report Could Create Legal and Administrative Headaches For Employers

The EEOC unveiled its proposed revisions to the Employer Information Report (EEO-1) last month. With the revisions, the EEOC hopes to gather additional data to help better discern pay discrimination. However, the revisions…more
| Civil Rights, Labor & Employment Law

Health and Welfare Plans: Big Compliance Burdens, Big Penalty Exposures

Health and welfare have been around for a long time, and they are ubiquitous. Employees have come to expect medical, dental, life, and other insurance as part of their benefits packages. Employers offer coverage in order to…more
| Civil Rights, Labor & Employment Law, Finance & Banking, Insurance, Taxation

Will Peyton Manning Have a Storybook Ending or Will SuperCam Prevail? Tuah the Orangutan picks the Panthers while the Unemployment Statistics side with the Broncos….and Some Other Super Bowl Tidbits for Employers.

We are back with our annual Super Bowl prediction post. As noted in prior years, people are increasingly making their predictions based on two indicators: unemployment rates and the whims of Utah zoo animals. They each have…more
| Art, Entertainment, & Sports Law, Labor & Employment Law

Adventures in Joint Employment: the Browning-Ferris Saga Continues with an Appeal to the D.C. Circuit Court of Appeals

Last week, Browning-Ferris Industries, the California-based waste management company, appealed two decisions issued by the National Labor Relations Board related to the definition of joint employer. Its appeal to the U.S. Court…more
| Civil Procedure, Commercial Law & Contracts, Franchise Law, Labor & Employment Law

Integrated Health Reimbursement Accounts, Coordination with Family Coverage, and Notice 2015-87—Something’s Missing

Issued at the end of last year, Notice 2015-87 provided detailed guidance on a host of topics. The notice has been referred to colloquially in some quarters as the “pot luck” notice. Among other things, the notice, in Q&A 4,…more
| Insurance, Labor & Employment Law, Taxation

DOL Issues Guidance on Joint Employment

The U.S. Department of Labor Wage and Hour Division weighed in last week on the hot topic of joint employment, issuing an Administrative Interpretation entitled “Joint employment under the Fair Labor Standards Act and Migrant…more
| Commercial Law & Contracts, Labor & Employment Law

Third Circuit Court of Appeals Permits Chapter 11 Debtor to Reject Expired CBA

It is a familiar scenario: a company is on the verge of bankruptcy, bound by the terms of a collective bargaining agreement (CBA), and unable to negotiate a new agreement. However, this time, an analysis of this distressed…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Finance & Banking

Mintz Levin 2nd Annual Employment Law Summit – Enhancing Workplace Diversity and Dispelling Myths Regarding Reverse Discrimination Claims

As wise employers focus strategic initiatives to enhance diversity and inclusion in the workplace, we periodically receive questions about limitations for proactive approaches in this area. To be clear, companies that conduct…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Pick-Off Strategy Via a Rule 68 Offer of Judgment Suffers Stinging Defeat in the Supreme Court; But Can an Actual Payment to the Plaintiff Do the Trick?

An unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and class action claims said the Supreme Court on Wednesday. The decision in Campbell-Ewald Co. v. Gomez is welcome news for…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Constitutional Law, Labor & Employment Law

New York Federal Court Rejects Mutual Non-disparagement Provision in FLSA Settlement Agreement as Overbroad

Non-disparagement provisions are commonplace in today’s settlement and separation agreements, with employers often seeking the broadest protection against disparagement. A recent decision from a New York federal court, however,…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Federal Court Says Employer’s All-or-Nothing Requirement that Employees Submit to Wellness Program or Lose Health Insurance is ADA-Safe

Last month, a district court in Wisconsin dealt a blow to the EEOC and the future of its proposed ADA wellness program regulations. In EEOC v. Flambeau, Inc., the court held that that an employer did not violate the Americans…more
| Civil Rights, Health, Labor & Employment Law

Chebotnikov v. LimoLink, Inc.: a Cautionary Tale Concerning the Use of Forum-Selection Clauses

At the end of last year, a federal court in Massachusetts found that a forum selection clause in an Iowa company’s standard form service-provider agreement did not apply to claims asserted under the Fair Labor Standards Act…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Corporate Divorce Series: Do Fraudulent Credentials Annul Employment Contracts?

If you follow my corporate divorce series, you are familiar with my affinity for the employment-as-marriage metaphor. I’ve already examined how employment relationships end or should end. But I have yet to address an…more
| Commercial Law & Contracts, Labor & Employment Law

How Much Do You Make? – New OFCCP Regulations Protect Employee And Job Applicant Discussions on Compensation

Happy New Year from your friends at the OFCCP. This week brings the enforcement of requirements stated under Executive Order 13665, which prohibits federal contractors from discriminating or otherwise conducting adverse…more
| Civil Rights, Government Contracting, Labor & Employment Law

The Health and Welfare “Wrap” Document: What It Is and Why You Want One

When it comes to telling their employees about certain benefits, many employers have for decades (since 1974 to be exact) flouted a particular provision of the law with impunity. The law to which we refer is the Employee…more
| Finance & Banking, Health, Labor & Employment Law
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