Mintz Levin - Employment Matters

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

  • 202-585-3507
  • 202-434-7400

Is a FLSA Collective Action Waiver by Itself in a Severance Agreement Enforceable? Sixth Circuit Says “No.”

Employers have recently enjoyed some victories in the U.S. Supreme Court and in the California Supreme Court regarding the use of class/collective action waivers in employment arbitration agreements (e.g. Italian Colors and…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

The Affordable Care Act—Countdown to Compliance for Employers, Week 18: Emerging Strategies to Reduce or Eliminate Exposure for Assessable Payments under the Affordable Care Act’s Pay-or-Play Rules

The Affordable Care Act’s employer shared responsibility, or “pay-or-play,” rules require “applicable large employers” (generally employers with 50 or more full-time and full-time equivalent employees) to offer group health plan…more
| Labor & Employment Law, Health, Taxation

Appellate Courts in New Jersey and New York Both Rule that a Contract May Reduce Statute of Limitations on Employment Claims

Earlier this summer, a New Jersey appellate court, in Rodriquez v. Raymours Furniture enforced a provision in an employment application that reduced the period in which an employee could sue an employer to six months from the…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Wearable Devices in the Workplace Challenge Data Security and Privacy

Wearable devices, including health and activity monitors, video and audio recorders, location trackers, and other interconnected devices in the form of watches, wristbands, glasses, rings, bracelets, belts, gloves, earrings, and…more
| Commercial Law & Contracts, Labor & Employment Law, Privacy, Science, Computers, & Technology

Maryland Court of Appeals: Contrary to Federal Court Rulings, Maryland Employees Are Eligible to Recover Treble Damages from Employers Failing to Pay Overtime

More bad news for employers: Maryland’s Court of Appeals (its highest court) has now put to rest any question about an employee’s right to recover treble damages in connection with an unpaid overtime claim…more
| Civil Remedies, Labor & Employment Law

National Labor Relations Board Majority Holds That Seeking Co-Worker Assistance with an Individual Harassment Complaint is Protected Activity Under the Act; Overrules Holling Press, Inc.

Last week, the NLRB took an exceptionally broad view of what constitutes “concerted activity” and what kind of efforts are aimed at “mutual aid or protection” under the National Labor Relations Act. For employers, this could…more
| Labor & Employment Law

The Affordable Care Act—Countdown to Compliance for Employers, Week 19: Changes in Employment Status under the Look-Back Measurement Method

An earlier post explained the two principle methods—the “monthly measurement method” and the “look-back measurement method”—available to applicable large employers to identify full-time employees for purposes of determining…more
| Labor & Employment Law, Health, Taxation

Governor Christie Vetoes New Jersey Unemployment Discrimination Bill

In somewhat of a surprise move, in the same week that New Jersey Governor Chris Christie signed into law the Opportunity to Compete Act, which prohibits employers from inquiring about job candidates’ criminal histories early in…more
| Civil Rights, Elections & Politics, Labor & Employment Law

Governor Christie Signs Scaled-Back Opportunity to Compete Act – New Jersey’s Ban the Box Bill

We previously wrote about New Jersey’s proposed “ban the box” measure, known as the Opportunity to Compete Act, a law that would prohibit employers from inquiring about job candidates’ criminal histories early in the hiring…more
| Civil Rights, Labor & Employment Law

A Lesson on the ADA: Engaging in Good Faith in the Interactive Process is Essential

Understanding the mandates of the Americans with Disabilities Act and similar state and local laws is easy: employers cannot discriminate against individuals with disabilities. However, navigating the reasonable accommodation…more
| Civil Procedure, Civil Rights, Labor & Employment Law

The Affordable Care Act—Countdown to Compliance for Employers, Week 20: 9.5% ? 9.56% (And Why It Matters to Applicable Large Employers)

While employers sometimes view the Affordable Care Act’s employer shared responsibility (or “pay-or-play”) rules in isolation, they don’t operate that way. Instead, they exist side-by-side with other provisions of the Act. In…more
| Labor & Employment Law, Health, Taxation

Two All-Beef Patties, Special Sauce, Lettuce, Cheese, Pickles, Onions, on a Sesame Seed Bun – NLRB Rocks Franchise World by Authorizing Complaints Against McDonald’s as a Joint Employer; Signals Significant Step Toward Broadening the Joint Employer Test

The National Labor Relations Board is attempting to expand the reach of the National Labor Relations Act once again – this time the NLRB’s Office of the General Counsel authorized formal complaints against McDonald’s USA, LLC,…more
| Labor & Employment Law, Franchise Law

Colorado Federal Court Walks Back Rejection of ADEA Waiver in RIF Case

In a previous post we discussed Foster v. Mountain Coal Company LLC, the District of Colorado’s decision invalidating a waiver of an employee’s claims against his employer under the Age Discrimination in Employment Act (ADEA)…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Labor & Employment Law

Do as I Say, Not as I Do: Even the Government Falls Victim to Wage and Hour Violations Sometimes

Remember last fall when all we could talk about was the government shutdown? The 16-day government shutdown captured the attention of a nation once again gripped by seemingly-manufactured political crisis. Last week, two news…more
| Labor & Employment Law

A Terrible, Horrible, No Good, Very Bad Year: President Obama Targets Federal Contractors Again, This Time on Labor Law Compliance

Federal contractors must be straining their necks to see if they have an actual target on their backs. Last week, President Obama signed an executive order that requires federal contractors to disclose labor and employment law…more
| Alternative Dispute Resolution (ADR), Civil Rights, Labor & Employment Law, Government Contracting
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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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