Although 2023 perhaps did not see the passage of any laws quite as impactful as 2022—which, as employers will recall, included New York State enacting its own pay transparency law (see here) and novel New York City Council...more
12/15/2023
/ #MeToo ,
Artificial Intelligence ,
Corporate Counsel ,
Earned Sick and Safe Time Act ,
Employee Rights ,
Employment Discrimination ,
Facebook ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Harassment ,
Intellectual Property Protection ,
Minimum Wage ,
New York ,
NYDOL ,
Pay Transparency ,
Remote Working ,
Retaliation ,
Settlement ,
State Labor Laws ,
Threshold Requirements ,
Wage and Hour ,
Wage Theft ,
WARN Act
Non-compete agreements may soon be a thing of the past in New York. Following the passage by the New York State Senate of S3100A, the State Assembly passed A1278B, and if signed into law, it would add new Section 191-d into...more
On June 24, 2022, the Supreme Court issued its much-anticipated decision in Dobbs v. Jackson Women’s Health Organization. The decision explicitly reverses Roe v. Wade, thereby radically altering the legal and political...more
6/27/2022
/ Abortion ,
Corporate Counsel ,
Department of Labor (DOL) ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
MHPAEA ,
Preemption ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS ,
Women's Rights
The Biden Administration, via its Safer Federal Workforce Task Force (the “Task Force”), has now provided the guidance with which federal contractor and subcontractors must comply in connection with their contracts and...more
10/5/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Contact Tracing ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
New Guidance ,
OSHA ,
Subcontractors ,
Vaccinations
Just before the end of its session, the New York Legislature expanded protections against discrimination and harassment under the New York State Human Rights Law (NYSHRL). The Governor still has to sign the new bill into law,...more
6/28/2019
/ Anti-Harassment Policies ,
Civil Rights Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Human Rights ,
NYCHRL ,
Sexual Harassment ,
State and Local Government ,
Title VII
Recent cases in New York and Pennsylvania demonstrate that, at least in some jurisdictions and under some circumstances, a plaintiff can state a valid claim for unlawful gender discrimination based on a spouse’s jealousy....more
Last month, the EEOC filed a lawsuit against Estee Lauder in a Pennsylvania federal court alleging that Estee Lauder’s parental leave policy discriminates against employees on the basis of gender by providing unequal benefits...more
9/28/2017
/ Caregivers ,
Corporate Counsel ,
Employee Benefits ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Discrimination ,
Maternity Leave ,
Paid Family Leave Law ,
Paid Leave ,
Parental Leave ,
Paternity Leave ,
Sex Discrimination
With the 9th Circuit’s late summer anti-class action waiver decision, the circuit split widened over the issue of whether employers can require employees, through an arbitration agreement, to waive their rights to bring class...more
11/21/2016
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Corporate Counsel ,
Enforceability ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
NLRA ,
NLRB ,
Section 7
The obligation to accommodate a disabled employee is an ongoing one; a doctor’s note may not be a prerequisite to engage in the interactive process – those are two important lessons that employers should take away from a...more
One of the few “wins” for employers under the DOL’s new overtime rule was that employers are now allowed to apply “nondiscretionary incentive payments” to meet up to 10 percent of the new salary threshold. This change could...more
5/26/2016
/ Bonuses ,
Corporate Counsel ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Incentive Compensation ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Wage and Hour ,
White-Collar Exemptions
In Howard v. Hertz Global Holdings, Inc., a Hawaiian Federal Court found that Hertz Rent-a-Car could not be held responsible for its employee’s Facebook comments about one of its customers. While employers should welcome the...more
Last summer the Second Circuit issued an important decision that identified the proper test for determining whether an employer properly classified an individual as an unpaid intern. The decision was a victory for employers...more
At first glance, Stanziale v. MILK072011, looks like someone suing over a bad expiration date and conjures up images of Ron Burgundy proclaiming “milk was a bad choice.” But in actuality Stanziale is much more interesting: it...more
10/12/2015
/ Board of Directors ,
Breach of Duty ,
Chapter 7 ,
Commercial Bankruptcy ,
Corporate Counsel ,
Corporate Officers ,
Directors ,
Duty of Loyalty ,
Employee Benefits ,
Employee Rights ,
Fiduciary Duty ,
Good Faith ,
Layoffs ,
Lost Wages ,
Personal Liability ,
Wage and Hour ,
WARN Act
The New York City Council passed the Stop Credit Discrimination in Employment Act last Thursday. It amends the New York City Human Rights Law to prohibit most employers from making employment decisions based on an employee...more
Recently, Mintz Levin held a seminar in New York City that addressed some of the major challenges employers are facing in the New Year. Our program contained segments on New York City’s paid sick leave law, effective...more
Many employers are surprised to learn that the employment relationship does not automatically convert to “at-will” when an employee’s fixed employment term expires. Instead, when asking for clarification on this issue,...more