Mintz Levin

Congress Considers Amending NLRA to Require Direct Control for Joint Employer Findings

On September 29, the House subcommittee on Health, Employment, Labor and Pensions held a legislative hearing to consider the Protecting Local Business Opportunity Act, H.R. 3459. This bill, which is mirrored in the Senate, S…more
| Commercial Law & Contracts, Elections & Politics, Franchise Law, Labor & Employment Law

The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 12 of 24): Deconstructing Form 1095-C, Parts II and III

This series is devoted principally to the reporting requirements imposed by Internal Revenue Code §§ 6055 and 6056 as added by §§ 1502 and 1514 of the Affordable Care Act (ACA), respectively. The former reports offers of minimum…more
| Insurance, Labor & Employment Law, Taxation

Update on the Fight Over the Companionship and Live-In Domestic Worker FLSA Exemptions: Final Rule Set to Go Into Effect on October 13, 2015

A U.S. Department of Labor final regulation prohibiting third-party home care agencies and other third-party employers from taking advantage of the Companionship and Live-In Domestic Worker minimum wage and overtime exemptions…more
| Health, Labor & Employment Law

Immigration and Nationality Act 50th Anniversary Series: Birthright Citizenship?

In the first of a series celebrating the 50th anniversary of the Immigration and Nationality Act of 1965, this post explores the concept of birthright citizenship. Election years often revive old bones of contention, and…more
| Civil Rights, Constitutional Law, Elections & Politics, Immigration Law

Safe Harbor Invalidated – What’s Next on the Chopping Block?

As I reported earlier today, the Court of Justice of the EU (ECJ) has declared Safe Harbor invalid. The full decision is now available online in English (other languages also available at by searching on…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

EU Top Court’s Safe Harbor Decision Invalidates Safe Harbor and Sends Facebook Case Back to Irish Data Protection Authority

The initial reports of the ECJ’s decision in the Schrems Safe Harbor case (C-362/14) indicate that the Court of Justice of the EU has declared Safe Harbor invalid and sent the case back to the Irish Data Protection Authority to…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Now to End of 2015 – What to Expect?

Funding Crisis Averted & New Leadership in the House: A week ago no one could have predicted that the biggest story in Washington this week would not be the last minute avoidance of a government shutdown by passage of a…more
| Education, Elections & Politics, Military Law, Science, Computers, & Technology, Taxation

U.S. Consulates, Embassies Closed Friday October 9th for Systems Upgrade

According to Law360, operations will be closed at U.S. Embassies and Consulates around the world on Friday, October 9th, for a systems upgrade…more
| Immigration Law, International Law & Trade, Science, Computers, & Technology

Apple v. Samsung Part IV: The Injunction May Not Be Dead

On Thursday, September 17, 2015, in the fourth Federal Circuit opinion arising out of the patent skirmishes between global high technology titans Apple and Samsung Electronics, a sharply divided Federal Circuit panel vacated the…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Africa Update - September 2015 #5

Leading the News - Burkina Faso: On September 25th, the United Nations (U.N.) Security Council issued a statement welcoming the reinstatement of President Michel Kafando and the transitional authorities of Burkina Faso…more
| Civil Rights, Criminal Law, Elections & Politics, Health, International Law & Trade

Why Getting Handbooks Right Matters: NLRB Judge Holds Verizon’s Restrictions on Employee Communications During Non-Working Time Violate the NLRA

Despite previous NLRB rulings telling them to stop, some employers continue to impose broad prohibitions on personal employee communications over company email. As an administrative law judge recently reminded us, failing to…more
| Administrative Law, Labor & Employment Law

EB-5 Regional Center Program to Get Short-Term Reprieve with Passage of Continuing Resolution

Coinciding with the end of the current fiscal year, the EB-5 regional center program is set to expire on September 30, 2015 but will get a temporary reprieve with expected final passage of a Continuing Resolution (CR) that will…more
| Elections & Politics, Immigration Law

2017 Diversity Visa Lottery Registration Begins Today

On October 1, 2015, the US Department of State will begin accepting requests to register for the 2017 Diversity Immigrant Visa Program (DV-2017), also known as the Green Card Lottery. The Diversity Lottery Program provides a…more
| Immigration Law

Just in Time for the Phase II Audits: OIG Criticizes OCR’s Enforcement Efforts

As HIPAA-regulated entities anxiously await the commencement of the Phase II HIPAA audit program, the Office of the Inspector General (OIG) for the Department of Health and Human Services (HHS) has issued a report critical of…more
| Consumer Protection, Health, Privacy

Eleventh Circuit Joins Second Circuit in Holding the Unpaid Intern FLSA Classification Analysis Depends on the “Primary Beneficiary” of the Relationship.

The Eleventh Circuit recently joined the Second Circuit in adopting the employer-friendly “primary beneficiary” test to determine whether unpaid interns are properly classified as employees under the FLSA. The Second Circuit’s…more
| Labor & Employment Law
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