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

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

Steady as She Goes or Charting a New Course? Employment and Labor Signals in the Trump Administration

As we discussed yesterday at Mintz Levin’s Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following…more
 /  Civil Rights, Elections & Politics, Government Contracting, Labor & Employment Law

Federal Court: Maryland Fair Employment Practices Act Requires Employer to Consider Jobs Other than Employee’s Current Job When Assessing Possibility of Reasonable Accommodation

In a recent case, a Maryland Federal court permitted a plaintiff to proceed to trial on her failure to accommodate claim under Maryland’s Fair Employment Practices Act (MFEPA), finding that under Maryland law the employer was…more
 /  Civil Procedure, Civil Rights, Labor & Employment Law

March A-Wear-Ness: Uniforms, Dress Codes, and Employee Choice

The basketball court isn’t the only place you’ll see interesting uniforms this month. Many employers choose to implement and enforce their own uniform requirements and dress codes at work. But if done incorrectly, uniforms or…more
 /  Civil Rights, Labor & Employment Law

March Vastness: Blanket Policies on Employee Salary and Discipline Disclosures Unlawful Says D.C. Circuit Court

This past week, the D.C. Circuit Court of Appeals issued an important decision addressing two on-the-bubble workplace confidentiality policies – one which made the cut, while the other one made its way over to the legal…more
 /  Administrative Law, Commercial Law & Contracts, Labor & Employment Law

March Flabness: Wellness Programs, the ADA, and the Rising Costs of Employer-Provided Health Coverage

March Madness presents one of those occasions where your employees’ diets and exercise may fall by the wayside, and by the wayside, we mean potentially off a cliff. And when this happens, your workforce is increasing not just…more
 /  Civil Rights, Elections & Politics, Health, Labor & Employment Law

QSEHRA – The 21st Century Cures Act Creates a New Health Care Plan Option for Small Employers

The 21st Century Cures Act (Cures Act), enacted on December 13, 2016, provides a new opportunity for small employers to help employees pay for health insurance: the “qualified small employer health reimbursement arrangement”…more
 /  Health, Labor & Employment Law

March Fadness: Wearable Tech in the Workplace

Wearable technology continues to do a full court press on the marketplace and in the process, the step counters of the world and health apps tied to devices capable of tracking real-time biostatistics, are revolutionizing the…more
 /  Health, Labor & Employment Law, Privacy, Science, Computers, & Technology

The Future of the Affordable Care Act Week 8: An Employer’s Guide to the Collapse of the American Health Care Act (Spoiler Alert—the News is Not all Bad)

The stunning failure of the U.S. House of Representatives to pass the American Health Care Act (AHCA) (which we previously reported on here) has political and policy implications that we cannot forecast. Nor it is it clear to us…more
 /  Elections & Politics, Health, Insurance, Labor & Employment Law

March Sadness: How Not to Drop the Ball When a RIF is on Your Schedule

No matter how long you’ve played the game, administering a Reduction-in-Force or RIF is never easy. In fact, it is often painful not only because they are difficult to administer, but because of the toll it takes on the…more
 /  Civil Rights, Labor & Employment Law

March Preparedness: Inadequate Employee Training May Cause Even the Best Employers to Suffer an Upset

Employers implement employee training programs for a variety of reasons, such as furthering professional development and improving poor performance, ensuring compliance with information security protocols and competence using…more
 /  Civil Rights, Labor & Employment Law
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