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
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 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
The recent New York Times piece about the chaos arising from terminating remote workers highlights the difficulties employers face when laying off a distributed workforce of digital workers. Few employers are able to deliver...more
The California legislature has now passed AB 5 and, if Governor Gavin Newsom signs the bill into law as expected, California will effectively ban nearly all categories of independent contractors – not just gig economy...more
9/13/2019
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
Many state legislatures spent 2017 tinkering with post-employment covenants. Given the growing trend to legislate locally and the employee mobility issues that seem to nag every employer, we thought the New Year would be a...more
California has joined a growing list of jurisdictions, including New York City, Massachusetts, Delaware and Oregon, among others, banning salary history inquiries from job applicants. Governor Brown signed the law into effect...more
The recent controversy involving the Google employee fired for challenging his employer’s diversity policies highlights some misconceptions concerning free speech rights in the workplace....more
8/17/2017
/ Diversity ,
Employee Rights ,
Employer Rights ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
Google ,
Hiring & Firing ,
Off-Duty Employees ,
Right to Peaceful Assembly ,
Social Media
California’s new Ban the Box regulation became effective last week. Effective July 1, 2017, questions concerning an applicant or employee’s criminal convictions will now be subject to the new regulation... That regulation...more
7/6/2017
/ Adverse Impact ,
Background Checks ,
Ban the Box ,
Business Necessity ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Local Ordinance ,
New Rules ,
State and Local Government
If there is a predictive model for dating, why can’t the same model apply to the employment relationship?
I was fascinated to learn recently that eHarmony, the online dating site, had launched a career site called...more
We are often asked what, if anything, employers should tell an employee about the reasons for the employee’s termination, especially if the termination is abrupt.
We tell employers to tell the truth....more
The divorce metaphor bears fruit yet again when it comes to the employment relationship. To this mix I add the concept of “no fault” divorce and the reasons employment ends....more
Yes I realize that had my Corporate Divorce series progressed in a linear way, I would have started with The Courtship instead of The Break Up, but employment law metaphors are sometimes unpredictable. In my defense, I note...more
In my last article I promised to examine as part of my Corporate Divorce Series whether alimony (though the politically correct term these days is “spousal support”) is like unemployment (I’m pretty sure it is still...more
A recent Circuit Court case confirms that the term “non-inducement” means just that. In American Family Mutual Insurance Company v. Graham, the Eighth Circuit affirmed a jury verdict against an insurance agent who, the jury...more
7/16/2015
/ Appeals ,
Breach of Contract ,
Corporate Counsel ,
Employer Liability Issues ,
Former Employee ,
Former Employer ,
Hiring & Firing ,
Inducement ,
Insurance Agents ,
Jury Verdicts ,
Non-Compete Agreements ,
Restrictive Covenants
The divorce metaphor bears fruit yet again when it comes to the employment relationship. To this mix I add the concept of “no fault” divorce and the reasons employment ends.
A “no fault” divorce permits a spouse to end a...more
Who Owns What -
Unlike the marital relationship, which hypothetically balances power between spouses, the employment relationship is founded on the central concept of control: it is the employer who dictates the time,...more
Once again I observe that while I am not a divorce lawyer, the analogies of divorce law to my employment practice are startling. Two parties meet (the interview), they realize how many things they have in common (the job...more
Those of you reading our Employee Mobility blog posts are familiar with California’s unique approach to non-compete agreements: they are, except in a few limited circumstances, unenforceable in the Golden State. And that...more
In a pair of recent decisions, two courts interpreting California’s quirky non-compete law confirm that employee non-recruitment covenants in California are enforceable – but only if those covenants are necessary to prevent...more
Given the rising use of non-competes in all manner of businesses, we asked JD Supra contributors to tell us what's required in a successful agreement between employer and employee. Here is what we heard back....more