Mintz Levin - Employment Matters

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

  • 202-585-3507
  • 202-434-7400

Interfere at Your Own Risk: Legal Fees Awarded as Damages for Violating A Non-Compete Agreement

We all know the default American Rule for attorneys’ fees: unless you get fees in a contract or from a statute, you shouldn’t count on someone else paying the freight if you win your case. But a recent non-compete case brings…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Labor & Employment Law, Business Torts

LIRR Strike Averted, but Employers Should Remain Aware of Wage and Hour Requirements When Outside Events Prevent Workers From Reaching the Workplace

Recently, union leaders at the Long Island Railroad and representatives of the Metropolitan Transportation Authority finally reached a deal to avoid a strike. If a strike had occurred, businesses would have faced a potentially…more
| Labor & Employment Law

New Jersey Likely Next to Ban Discrimination Against the Unemployed

Earlier this month, we wrote about New Jersey’s proposed “ban the box” measure—a law that would prohibit employers from inquiring about job candidates’ criminal histories early in the hiring process—heading to Governor Chris…more
| Civil Rights, Labor & Employment Law

The Affordable Care Act—Countdown to Compliance for Employers, Week 22: Charting the Future of the Premium Subsidies (and Employer Penalties): Halbig v. Burwell and King v. Burwell

On July 22, 2014, two federal appellate courts issued conflicting decisions, within hours of each other, regarding the IRS final rule published on May 23, 2012 (the “IRS Rule”), intended to implement the exchange-related tax…more
| Civil Procedure, Labor & Employment Law, Health, Insurance, Taxation

The Affordable Care Act—Countdown to Compliance for Employers, Week 23: The Impact of Employment Contract Terms on Variable Hour Employee Status

For applicable large employers (i.e., employers who employed at least 50 full-time and full-time equivalent employees on business days during the preceding calendar year) endeavoring to comply with the Affordable Care Act’s…more
| Commercial Law & Contracts, Labor & Employment Law, Health, Taxation

Having Employees Sign Non-Compete Agreements After They Have Already Started Working Could Be A Big Problem For Some Employers

A non-compete agreement is a vital tool that companies use to protect their confidential and trade secret information and their customer and employee relationships. Employers, of course, want to avoid the trouble of running to…more
| Civil Remedies, Commercial Law & Contracts, Labor & Employment Law

California Supreme Court Nixes Certification Denial Ruling Against Newspaper Carriers Classified as Independent Contractors

The California Supreme Court recently held that a trial court needed to revisit its class certification decision regarding newspaper carriers who alleged that they should have been classified as employees rather than independent…more
| Civil Procedure, Labor & Employment Law

The Affordable Care Act—Countdown to Compliance for Employers, Week 24: Can Offers of Group Health Plan Coverage Under Code Section 4980H Qualify as “Bona Fide Fringe Benefits” for Service Contract Act Purposes?

The Employer Shared Responsibility provisions of the Affordable Care Act (“ACA”) generally require “applicable large employers” (i.e., employers who employed at least 50 full-time and full-time equivalent employees on business…more
| Commercial Law & Contracts, Labor & Employment Law, Health, Taxation

Back to the Basics: Non-Compete Lost to a Superseding-Agreement Clause

With so much focus on the reasonableness of restrictive covenants, it’s easy to forget that non-competes are plain old contracts—nothing more. And when it comes to enforcing non-competes, basic contract law still applies…more
| Commercial Law & Contracts, Labor & Employment Law

The EEOC Releases Updated Enforcement Guidance on Pregnancy Discrimination and Related Issues

The EEOC released its updated enforcement guidance on pregnancy discrimination yesterday — the first time it’s done so in more than 30 years…more
| Civil Rights, Labor & Employment Law

Employee Benefits: Important Wellness Plan and Mental Health/Substance Use Disorder Parity Effective Dates Have Arrived!

Employers and insurers offering medical plans: take note! Two important final regulations issued jointly by the IRS, DOL and HHS (the “Departments”) apply to plan years (or, in the individual market, policy years) beginning on…more
| Labor & Employment Law, Health, Taxation

A Recent D.C. Circuit Court of Appeals Decision Calms Employer Fears that Internal Investigations May Not Be Privileged and Lays Out Roadmap to Protect Attorney-Client Privilege

A recent decision from the D.C. Circuit Court of Appeals, one of the most important courts in the nation, reaffirmed that a company’s internal investigations—if structured properly—are protected from disclosure in litigation by…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Government Contracting

Pay Careful Attention to Pregnancy Accommodation Requests as EEOC Plans New Enforcement Guidance

The U.S. Equal Employment Opportunity Commission — the agency responsible for enforcing most federal discrimination laws — is preparing to issue new guidance addressing an employer’s obligation to reasonably accommodate pregnant…more
| Civil Procedure, Civil Rights, Labor & Employment Law

New Jersey’s “Ban the Box” Bill Sent to Governor Christie’s Desk; Final Version More Employer-Friendly

In December, we wrote about New Jersey’s proposed “ban the box” measure, known as the Opportunity to Compete Act, making its way through the legislature – a law that would prohibit employers from inquiring about job candidates’…more
| Civil Rights, Elections & Politics, Labor & Employment Law

Supreme Court Declines to Hear Appeal on Enforceability of FLSA Collective Action Waivers

Yesterday, the Supreme Court denied a request to review the issue of whether the Fair Labor Standards Act grants employees a non-waivable right to bring a collective action and thus, renders arbitration agreements with…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Civil Rights, Labor & Employment Law
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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

25-50 Attorneys

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