Mintz Levin - Employment, Labor & Benefits

On May 16th, Governor Cuomo announced the issuance of proposed regulations by several New York State agencies which limit administrative costs and executive compensation for entities receiving State funding or State-authorized…more

Does an employer invade an employee’s privacy by accessing and reviewing the employee’s email? A recent Massachusetts Superior Court decision, Falmouth Firefighters Union v. Town of Falmouth, answers “no.” …more

From corporations to prestigious research universities, employers sometimes permit employees to take time away for extended periods. The names of these programs may vary, e.g., they may be related to a sabbatical or professional…more

Originally published in Law360, San Diego (May 10, 2012, 5:00 PM ET) A landmark bill that aims to protect California employees and prospective workers from being asked by a company to turn over their usernames and…more

The Patient Protection and Affordable Care Act (the Act) imposes new, substantive requirements on health insurance issuers in the group and individual markets and employer-sponsored group health plans. In two recently issued…more

Originally published in Law360, San Diego (April 25, 2012, 8:43 PM ET) California on Wednesday moved a step closer to banning employers from demanding access to workers' and job applicants' Facebook, Twitter and other…more

According to a press release issued today, the EEOC has issued an updated Enforcement Guidance, relating to the use of arrest and conviction records in making employment decisions under Title VII of the Civil Rights Act of 1964…more

Among the many elements of the comprehensive reform applicable to public companies in the Dodd-Frank Consumer Fraud and Protection Act (“Dodd-Frank”), shareholders were given new and additional powers with respect to…more

This case tests the limits of an employer’s attendance policy. Just how essential is showing up for work on a predictable basis? In the case of a neo-natal intensive care nurse, we conclude that attendance really is essential…more

The Massachusetts Legislature’s Joint Committee on Health Care Financing is considering An Act Establishing Earned Paid Sick Time (H. 3995), which would require companies with fewer than six employees to provide unpaid sick…more

California employers, and employers with California employees, have been waiting for the California Supreme Court to decide Brinker Restaurant Corp. v. Superior Court, regarding the scope of an employer’s duty to provide meal…more

The remaining changes from the 2010 overhaul of the Criminal Offender Record Information (CORI) law will go into effect on May 4, 2012, and several provisions affect Massachusetts employers. We first addressed changes to the…more

Originally published in Law360, New York (April 04, 2012, 6:24 PM ET) The U.S. Chamber of Commerce in a letter released Tuesday urged the Office of Management and Budget to require the U.S. Equal Employment Opportunity…more

The Affordable Care Act (the Act) requires group health plans and health insurance issuers to provide group health plan participants and beneficiaries with: · A summary of benefits coverage that describes the benefits and…more

Following up on our post yesterday on the disturbing practice of employers requesting — and sometimes requiring — both employees and prospective employees to hand over social networking passwords — Facebook has something to say…more