Political conflicts in the workplace will only grow as we near election day, and this means human resources professionals and in house counsel need to hone their conflict resolution skills. Resolving political conflict in...more
9/5/2024
/ Conflict Resolution ,
Dress Codes ,
Employee Training ,
Employment Policies ,
First Amendment ,
Free Speech ,
Human Resources Professionals ,
NLRA ,
Political Campaigns ,
Political Expression ,
Political Speech
The recent WSJ article about employer-provided in-office therapy sessions raises some good points about destigmatizing mental health in the workplace and promoting overall wellness generally. But the article also reminds us...more
Aggrieved employee is any person who was employed by the alleged violator and against whom one or more of the alleged violations was committed. An “aggrieved employee” is any person who was employed by the alleged violator...more
7/9/2024
/ CA Supreme Court ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Governor Newsom ,
Labor Code ,
Labor Law Violations ,
New Legislation ,
Private Attorneys General Act (PAGA) ,
Regulatory Agenda ,
State Labor Laws ,
Wage and Hour
On June 18, 2024, Governor Newsom, in collaboration with legislative leaders, unveiled a landmark agreement to reform the Private Attorneys General Act (PAGA). The agreement comes before California voters could weigh in on...more
6/21/2024
/ California ,
Compliance ,
Employment Litigation ,
Enforcement ,
Injunctive Relief ,
Labor Code ,
Labor Law Violations ,
Penalties ,
Policies and Procedures ,
Private Attorneys General Act (PAGA) ,
Settlement ,
Wage and Hour
A gentle reminder for California employers: the clock is ticking on your obligations to prepare a workplace violence prevention plan and conduct a training session on that plan under California’s new violence prevention plan...more
For those of you who have never participated in an escape room, it is a real-life game that confines a group of people (usually friends, co-workers or even family, for the adventurous types) to a room. The group then...more
My colleagues published an important piece recently about the potential impact that the FTC's proposed non-compete ban might have on M&A transactions and private equity investments. The upshot of this piece, which should be...more
The agenda for Mintz’s Annual Employment Law Summit taking place on May 15th in San Diego is now available!
This year, we are thrilled to feature Hon. William McCurine as our keynote speaker.
The segments this year...more
5/7/2024
/ Affirmative Action ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Best Practices ,
C-Suite Executives ,
California ,
Chief Compliance Officers ,
Chief Diversity Officer (CDOs) ,
Continuing Legal Education ,
Corporate Counsel ,
Data Reporting ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Events ,
Hiring & Firing ,
Human Resources Professionals ,
Non-Compete Agreements ,
State Labor Laws ,
Wage and Hour ,
Workplace Violence
April showered us with quite a few unexpected and impactful legal developments in the workplace. Two Federal agencies released proposed rules that potentially impact nearly every American workplace (new salary threshold...more
The recent New York Times piece about the efforts of some organizations to “rebrand” Diversity, Equity, and Inclusion (DEI) initiatives to avoid ensnaring those programs in some recent state statutory training bans is a...more
Beginning July 1, 2024, a new California law (SB 553) will require most California employers to establish workplace violence prevention plans. We answer 10 frequently asked questions about the new law below....more
4/9/2024
/ Cal-OSHA ,
California ,
Deadlines ,
Employee Training ,
Employer Liability Issues ,
Labor Reform ,
New Legislation ,
Policies and Procedures ,
State Labor Laws ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
This week's controversy regarding the termination of former Republican National Committee Chair Ronna McDaniel from her broadcasting position before she started work raises many issues concerning politics in the workplace...more
The Securities & Exchange Commission ("SEC") issued its long-awaited final rule concerning climate disclosures, entitled “The Enhancement and Standardization of Climate-Related Disclosures for Investors” (“Climate Disclosure...more
3/15/2024
/ Carbon Pricing ,
Climate Change ,
Disclosure Requirements ,
Final Rules ,
Governance Standards ,
Greenhouse Gas Emissions ,
Investment ,
Renewable Energy ,
Risk Assessment ,
Safe Harbors ,
Securities and Exchange Commission (SEC) ,
Severe Weather ,
Sustainability
The Journal's recent piece about managing employees with misperceptions about their employment self-worth reminds us once again why honest and timely performance feedback makes good business sense. I have written before about...more
No, this piece isn't about the 80s comedy-drama featuring a detective dynamic duo's snappy dialogue. This moonlighting refers to an employee working an extra job or two while simultaneously holding down a full-time job,...more
ESG is today’s political football. As Americans take sides and root for their home teams, companies find themselves at the crux of a battlefield that pitches corporate values, strategy, and reputation against a shifting and...more
The recent Wall Street Journal piece about giving employees the time and space to think raises some good points about creativity and problem-solving and why speed doesn't always matter when it comes to productivity. While I...more
The ESG-DEI discussion continues to elicit shareholder interest, at least according to a recent report from The Conference Board about the upcoming proxy season. The report focuses on the political bent underpinning some...more
Today's WSJ article labels ESG as the latest dirty word in corporate America. Setting aside that ESG is an acronym (Environmental, Social, Governance), and not a word, it seems a bit hyperbolic to cast the entire movement...more
Spotify announced this week, through a very public memo to its employees, its plan to layoff about 17% of its workforce. In so doing, Spotify joins a number of other technology companies that have recently announced...more
California employers need to be prepared for new laws that become effective starting in the new year. Below is a brief overview of those laws (including the collection of diversity for venture capital companies, an amendment...more
11/29/2023
/ Anti-Discrimination Policies ,
California ,
Diversity and Inclusion Standards (D&I) ,
Harassment ,
Marijuana ,
Non-Compete Agreements ,
Paid Time Off (PTO) ,
Recreational Use ,
Reporting Requirements ,
Reproductive Healthcare Issues ,
Retaliation ,
Sick Leave ,
Startups ,
Unpaid Leave ,
Venture Capital ,
Workplace Violence
We recently posted about the investor who sued Target Corporation for securities laws violations arising from Target's alleged failure to warn investors about the risks associated with rolling out its 2023 Pride Collection...more
The Mintz Environmental, Social, and Governance (ESG) Working Group developed this ESG primer to provide an overview of the current state of affairs in the United States with respect to the ESG issues that businesses...more
10/30/2023
/ Affirmative Action ,
Antiboycott Requirements ,
Boycotts ,
CFTC ,
Climate Change ,
Corporate Governance ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Greenwashing ,
Net Zero ,
New Regulations ,
Rulemaking Process ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
State and Local Government ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
The Fifth Circuit has rejected the challenge to Nasdaq’s “show and tell” diversity rule that requires Nasdaq companies to publicly disclose the makeup of their boards. In Alliance for Fair Board Recruitment, National Center...more
10/24/2023
/ Administrative Procedure Act ,
Affirmative Action ,
Board of Directors ,
Disclosure Requirements ,
Diversity and Inclusion Standards (D&I) ,
En Banc Review ,
Equal Protection ,
Fourteenth Amendment ,
Investors ,
Nasdaq ,
Quotas ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
Last month, Federal District Court Judge Stanley A. Bastian dismissed at oral argument a shareholder suit challenging the Starbucks DEI initiatives. The Court has now issued a brief, yet informative written decision that in...more