Author Info for Mintz - Employment Viewpoints

Michael Arnold

Deep Impact: The Trump Administration’s Latest Executive Order Charts a Collision Course for Discriminatory Practices Proof

The Trump Administration issued its latest Executive Order entitled Restoring Equality of Opportunity and Meritocracy (the “EO”) on April 23, 2025. The EO focuses on “disparate impact” discrimination and is the latest in a…more

Disparate Impact, Employment Discrimination, Employment Litigation, Enforcement Actions, Equal Employment Opportunity Commission (EEOC)

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Marc Aspis

Hiring Across the 49th Parallel: Traps for the Unwary for Cross-Border US-Canada Hires

The United States and Canada have long been great trade partners, and not only with respect to hockey players. As commerce in general and employee mobility in particular increases, employers with operations in the United States…more

Canada, Cross-Border, Hiring & Firing, Jurisdiction

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David Barmak

Maryland Employers: Amended Pay Transparency Law Requires Wage Range Disclosure in Job Postings

Maryland was one of the first states to implement a pay transparency law in 2020, and now it joins several states in broadening that law to require employers to disclose a wage range for open positions (Washington, D.C.’s pay…more

Compensation, Disclosure Requirements, Job Ads, Maryland, Pay Transparency

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Danielle Bereznay

Federal Court in Texas Issues Limited Preliminarily Injunction Stopping the FTC’s Non-Compete Rule

On July 3, 2024, the Federal District Court in the Northern District of Texas in Ryan LLC v. Federal Trade Commission granted a preliminary injunction staying the effective date of the FTC’s non-compete rule and enjoining the…more

Employer Liability Issues, Employment Contract, Employment Litigation, Federal Bans, Federal Trade Commission (FTC)

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Andrew Bernstein

The CDC Issues New COVID-Related Guidance: What This Means for Employers

For the first time since 2021, the Center for Disease Control and Prevention (CDC) issued new guidance relaxing the quarantine requirements for COVID-19. The new guidance is the result of fewer COVID-related deaths and…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Health and Safety, Infectious Diseases, Masks

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Alden Bianchi

HHS, Treasury and Labor Issue More Guidance on the No Surprises Act

Title I of Division BB of the Consolidated Appropriations Act, 2021 (the “Act”), and interim final rules issued by the Departments of Health and Human Services, Treasury and Labor (the “Departments”) in July 2021 (see our post…more

Arbitrators, Consolidated Appropriations Act (CAA), Department of Health and Human Services (HHS), Department of Labor (DOL), Employer Group Health Plans

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Richard Block

NLRB’s Newly-Proposed Joint-Employer Standard Puts Employers on Notice

The National Labor Relations Board (“NLRB”) has issued a notice of proposed rulemaking, which would significantly alter the standard to determine who is a “joint employer” under the National Labor Relations Act (“NLRA”). The…more

Biden Administration, Browning-Ferris Industries of California Inc., Fair Labor Standards Act (FLSA), Joint Employers, NLRA

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Anne Bruno

Impact of DEI-Related Executive Orders on Disclosures in Recent Public Company Annual Reports

President Trump’s executive orders aimed at Diversity, Equity and Inclusion (DEI) programs and policies, including the executive order titled “Ending Illegal Discrimination and Restoring Merit Based Opportunity” (Executive Order…more

Compliance, Department of Labor (DOL), Disclosure Requirements, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Jennifer Budoff

Part Eight of the COVID-19 Roadmap Series: Avoiding COVID-19 Wage & Hour and Labor Law Pitfalls

In Part Eight of our Roadmap Series, we take a closer look at wage and hour compliance concerns that may arise during the COVID-19 pandemic, and what employers can do to minimize these pitfalls. Remember that wage and hour…more

Coronavirus/COVID-19, Department of Labor (DOL), Emergency Management Plans, Employer Liability Issues, Employment Policies

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Delaney Busch

Deadline Approaching for Massachusetts Pay Data Reporting

In July 2024, Massachusetts passed into law An Act Relative to Salary Range Transparency (the “Act”)..…more

Compliance, Department of Labor (DOL), Disclosure Requirements, EEO, Equal Employment Opportunity Commission (EEOC)

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Michelle Capezza

A Post (f/n/a “Tweet”) to Remind Plan Sponsors of Key Considerations in Designing Severance Plans

The recent Complaint filed for severance benefits against Elon Musk, X Corp., et.al., serves as a reminder that it is as important to clearly establish the fiduciary governance structure over severance plans subject to the…more

Benefit Plan Sponsors, Corporate Officers, Elon Musk, Employee Retirement Income Security Act (ERISA), Fiduciary Duty

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Corbin Carter

Mintz on Air: Practical Policies - DEI Diplomacy

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin explores the concept of ‘DEI Diplomacy’ with Associate Corbin Carter and how the conversation around diversity, equity, and inclusion is…more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity, Diversity and Inclusion Standards (D&I), Employer Responsibilities

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Jessica Catlow

New York State Releases Reopening Guidance for Phase 2 Businesses

New York State has issued industry-specific interim guidance for “Phase 2” businesses, which includes a number of “minimum requirements” certain businesses must meet before reopening their workplaces in light of COVID-19. The…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Governor Cuomo, New York

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Greer Clem

Managing State Law Risks of Employer-Sponsored Abortion-Related Travel Benefits Post-Dobbs

In previous posts (available here and here) we reported on some of the legal consequences from Dobbs v. Jackson Women’s Health Organization on employer-sponsored group health plan coverage of abortion-related travel benefits…more

Abortion, Commercial Insurance Policies, Corporate Counsel, Dobbs v. Jackson Women’s Health Organization, Due Process

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Stephen Curley

How State Legislatures May Rock the World of Employee Compensation in Response to the Recent Federal Tax Law

Prior to the effective date of the tax bill recently signed by the President, Section 164 of the Internal Revenue Code permitted individuals who itemized deductions to deduct state and local income and other designated taxes…more

FICA Taxes, Income Taxes, IRS, Medicare Taxes, SALT

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Micha Mitch Danzig

California Court Deals Blow to Employee Mobility

California employers and executives might view fixed term employment agreements in a new light following a California appellate court’s unpublished decision suggesting employers do not violate California’s long-established…more

Appeals, California, Employee Mobility, Fixed-Term Labor Contracts, Labor Code

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Patrick Denroche

Key Employment Law Considerations for Canadian Businesses Impacted by Tariffs

As of this writing, the Trump administration has implemented a 25% tariff on most Canadian goods imported into the United States. Canadian governments at all levels are preparing relief programs for local businesses, but these…more

Canada, Compliance, Employee Benefits, Employee Rights, Employment Contract

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Danielle Dillon

NLRB Moves Away from Biden-Era Approach on Severance Agreements

As part of the Trump Administration’s significant efforts to roll back the Biden Administration’s policies, the Acting General Counsel of the National Labor Relations Board (the “NLRB”) recently rescinded, via Memorandum GC…more

Biden Administration, Compliance, Employment Contract, Employment Policies, Labor Reform

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Kathryn Droumbakis

Navigating Changing Immigration Policies: Workplace Implications

President Donald Trump has swiftly signed several immigration-related executive orders and implemented other immigration initiatives since his inauguration. These executive orders and policy changes have the stated intent to…more

Audits, Compliance, Customs and Border Protection, Department of Homeland Security (DHS), Employment Policies

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Brian Dunphy

A Recent D.C. Circuit Court of Appeals Decision Calms Employer Fears that Internal Investigations May Not Be Privileged and Lays Out Roadmap to Protect Attorney-Client Privilege

A recent decision from the D.C. Circuit Court of Appeals, one of the most important courts in the nation, reaffirmed that a company’s internal investigations—if structured properly—are protected from disclosure in litigation by…more

Attorney-Client Privilege, False Claims Act (FCA), Internal Investigations, Investigations, KBR (formerly Kellogg Brown & Root)

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Tara Dwyer

Supreme Court Holds that ERISA Does Not Preempt Arkansas PBM Law: The Impact on Employer Sponsored Group Health Plans

In a recently decided case, Rutledge v. Pharmaceutical Care Management Association, the U.S. Supreme Court held that the Employee Retirement Income Security Act of 1974 (ERISA) does not preempt an Arkansas statute that regulates…more

Drug Pricing, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans, Health Insurance, Pharmaceutical Industry

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Angel Feng

Navigating Changing Immigration Policies: Workplace Implications

President Donald Trump has swiftly signed several immigration-related executive orders and implemented other immigration initiatives since his inauguration. These executive orders and policy changes have the stated intent to…more

Audits, Compliance, Customs and Border Protection, Department of Homeland Security (DHS), Employment Policies

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Benjamin Ferrucci

What the FTC’s New Rule on Non-Competes Means for M&A and Private Equity Transactions

By now you have probably heard of the Federal Trade Commission (FTC)’s rule to ban most post-employment non-compete agreements... While much of the conversation has naturally focused on the rule’s significant impact on employees…more

Acquisitions, Employment Contract, Federal Trade Commission (FTC), Mergers, New Rules

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Mike Flesuras

A New Dawn (Maybe) for California Employers: State and Business Groups Strike Deal on PAGA Reform

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 the…more

California, Compliance, Employment Litigation, Enforcement, Injunctive Relief

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Emma Follansbee

Legal Shifts from the White House – What Employers Need to Know

Rapid changes across the federal government are creating tremendous ambiguity for the private sector, particularly around employment and immigration issues…more

Biden Administration, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Policies, Equal Employment Opportunity Commission (EEOC)

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Joshua Fox

Checklist for Foreign Companies Expanding into the US

You’re a foreign company looking to set up shop in the United States. You have weighed the pros and cons of expanding your business into the United States, c..onfirmed the compatibility of any products or services you offer with…more

Compliance, Employee Benefits, Foreign Corporations, Immigration, Labor Regulations

See all updates »

Mitch Frazer

Sooner the Better: Employers in Canada Should Really Review Their Termination of Employment Clauses

A recent Ontario Court of Appeal (“ONCA”) decision signals a pressing need for Canadian employers to review and consider updating their contractual termination of employment provisions. Otherwise, employers are at risk of…more

Appeals, Canada, Compliance, Contract Terms, Corporate Counsel

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Steve Ganis

Fifth Circuit Court of Appeals Invalidates the 2016 Final Department of Labor Fiduciary Rule and Related Prohibited Transaction Exemptions

What’s a financial advisor to do? On March 15, 2018, the Fifth Circuit Court of Appeals in Chamber of Commerce of the U.S. v. U.S. Dep’t. of Labor, No. 17-10238, 2018 U.S. App. LEXIS 6472 (5th Cir. Mar. 15, 2018) vacated –…more

Best Interest Contract Exemptions, Broker-Dealer, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Natalie Groot

The State of Pay Transparency in 2025

Pay transparency laws have taken the country by storm over the last few years, and 5 additional states (Illinois, Minnesota, Massachusetts, New Jersey, and Vermont) have debuted or will debut their own versions in 2025. These…more

Compensation & Benefits, Compliance, Disclosure Requirements, Employee Rights, Employment Discrimination

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Stephen Gulotta, Jr.

Executive Compensation: Moving Forward in a COVID-19 World

Employers reacted in a variety of ways to cope with the unprecedented financial impact of COVID-19. Many of the initial executive compensation responses were designed as cost-cutting measures that would ease cash flow burdens…more

Board of Directors, Compensation & Benefits, Coronavirus/COVID-19, Employment Contract, Executive Compensation

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Geri Haight

Practical Policies: Discerning DEI Discrimination

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin unpacks the recent EEOC guidance on DEI discrimination with fellow Employment Member, Geri Haight. Jen and Geri discuss the content and…more

Anti-Discrimination Policies, Audits, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employee Handbooks

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Jane Haviland

Surprise! You Get to Arbitrate! Massachusetts Courts Continue to Permit Third Parties to Enforce Arbitration Agreements

Two Massachusetts decisions—including one from the state’s highest court—applied the same standard regarding enforcement of an agreement to arbitrate. In each case, plaintiffs signed arbitration agreements with another party. …more

Arbitration, Arbitration Agreements, Employment Contract, Ernst & Young

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Alexander Hecht

Steady as She Goes or Charting a New Course? Employment and Labor Signals in the Trump Administration

As we discussed yesterday at Mintz Levin’s Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following…more

Blacklist, Browning-Ferris Industries of California Inc., Congressional Review Act, Department of Labor (DOL), EEO-1

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Paul Huston

Caveat Employer: An Employee’s Off-Duty Social Media Posts Can Constitute Workplace Harassment

As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many. After a recent Ninth Circuit ruling, employers must be more vigilant than ever in…more

Anti-Harassment Policies, Employee Misconduct, Employees, Employment Litigation, Harassment

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Tara Dunn Jackson

The Intersection Between Corporate Free Speech Rights and the Recent DEI Executive Orders

As summarized in detail here, President Trump’s recent executive order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”) takes aim at non-compliant Diversity, Equity and Inclusion…more

Civil Rights Act, Commercial Speech, Compliance, Constitutional Challenges, Diversity and Inclusion Standards (D&I)

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Luke Jeagal

Sooner the Better: Employers in Canada Should Really Review Their Termination of Employment Clauses

A recent Ontario Court of Appeal (“ONCA”) decision signals a pressing need for Canadian employers to review and consider updating their contractual termination of employment provisions. Otherwise, employers are at risk of…more

Appeals, Canada, Compliance, Contract Terms, Corporate Counsel

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Narges Kakalia

Integrating Employees’ Smart Devices Into the Workplace

Originally published in The New York Law Journal on December 10, 2012. Companies are increasingly permitting employees to BYOD, or bring (and use) their own smart devices. Being able to use the latest, fastest, sleekest,…more

Bring Your Own Device (BYOD), Data Protection, Trade Secrets

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Michael Katz

March Fadness: Wearable Tech in the Workplace

Wearable technology continues to do a full court press on the marketplace and in the process, the step counters of the world and health apps tied to devices capable of tracking real-time biostatistics, are revolutionizing the…more

Data Collection, Data Security, Electronic Protected Health Information (ePHI), Employment Policies, Hackers

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Robert Kidwell

Groundhog’s Day for Employers: The Same Mistakes Over and Over and Over…

I still consider Groundhog’s Day not only a great comedy, but also a great movie. Twenty-two years ago, the late Harold Ramis graced us with a tale about Phil Connors, a Pittsburgh TV weatherman, who finds himself repeating the…more

Employer Liability Issues, Exempt-Employees, Unpaid Overtime, Wage and Hour

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Kevin Kim

New Year, New Laws: California Employment Law Updates for 2025

It’s that time of year again—California employers need to prepare for a raft of new laws that become effective in the new year. Below is a brief overview of some of those laws and how employers should prepare for them. All of…more

Anti-Discrimination Policies, Anti-Harassment Policies, California, FEHA, Freelance Workers

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Maryanne Kline

PERM Recruitment Impacted by “Pay Transparency” Laws

Employers may already be aware of existing state and city laws regarding “pay transparency,” which require certain employers to publish “pay scales” in job advertisements. These pay transparency laws generally require that a…more

Department of Labor (DOL), Foreign Workers, Green Cards, Pay Transparency, PERM

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Brie Kluytenaar

ALERT: New COVID-19 Vaccine Paid Leave for New York Employees

As we enter the second year of the COVID-19 pandemic, New York employers must now grapple with another new paid leave requirement from New York State. A new law signed by Governor Cuomo on March 12, 2021 amends New York’s Labor…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Governor Cuomo, Paid Leave

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David Lagasse

Hiring Across the 49th Parallel: Traps for the Unwary for Cross-Border US-Canada Hires (Part II)

The United States and Canada are each other’s largest trade partners with nearly C$3.6 billion/US$2.7 billion worth of goods and services crossing the border each day in 2023. The United States is the single greatest investor…more

Affordable Care Act, Canada, Contribution Limits, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Cynthia Larose

Temperature Checks May Add Privacy Notice Obligations for California Businesses

Companies planning to conduct pandemic-related temperature checks for California employees and visitors to their premises should consider their compliance obligations under the California Consumer Privacy Act (“the CCPA”). If…more

California Consumer Privacy Act (CCPA), Coronavirus/COVID-19, Data Collection, Employee Privacy Rights, Employer Liability Issues

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Edward Lenz

Expanding Association Health Plans—Which Agencies Need to do What

On October 13th, President Trump signed an Executive Order directing various federal agencies to consider how to achieve three administration health reform objectives: (1) expand access to Association Health Plans (AHPs); (2)…more

Affordable Care Act, Association Health Plans, Centers for Medicare & Medicaid Services (CMS), Department of Labor (DOL), Employee Retirement Income Security Act (ERISA)

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Zachary Liebnick

What the FTC’s New Rule on Non-Competes Means for M&A and Private Equity Transactions

By now you have probably heard of the Federal Trade Commission (FTC)’s rule to ban most post-employment non-compete agreements... While much of the conversation has naturally focused on the rule’s significant impact on employees…more

Acquisitions, Employment Contract, Federal Trade Commission (FTC), Mergers, New Rules

See all updates »

Brendan Lowd

NLRB Moves Away from Biden-Era Approach on Severance Agreements

As part of the Trump Administration’s significant efforts to roll back the Biden Administration’s policies, the Acting General Counsel of the National Labor Relations Board (the “NLRB”) recently rescinded, via Memorandum GC…more

Biden Administration, Compliance, Employment Contract, Employment Policies, Labor Reform

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H. Andrew Matzkin

Fertility Related Loss To Be Covered Under the Massachusetts Earned Sick Time Act

Effective November 21, 2024, Massachusetts employees may take earned sick time to “address the employee’s own physical and mental health needs, and those of their spouse, if the employee or the employee’s spouse experiences…more

Earned Sick Time, Fertility Treatments, Mental Health

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Kevin McGinty

Supreme Court’s Spokeo Decision Strengthens Standing Defense For Employers In FCRA And Other Statutory Class Actions

In an important victory for employers, the Supreme Court in Spokeo, Inc. v. Robins held that a plaintiff does not have Article III standing to sue in federal court under the Fair Credit Reporting Act (FCRA) and other federal…more

Article III, Background Checks, Class Action, Fair Credit Reporting Act (FCRA), Hiring & Firing

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O'Kelly McWilliams, III

Artificial Intelligence in the Employment Relationship: Friend or Foe?

Artificial Intelligence (“AI”) is no longer the stuff of sci-fi movies or alien invasions. The technology has permeated everyday life from Siri and Alexa to Facebook and Google. While marketing teams have been relying on AI for…more

ADEA, Artificial Intelligence, Civil Rights Act, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Pete Michaels

Call it a Comeback: The Likely Return of ESG Investing in ERISA Accounts

Environmental, social, and governance (“ESG”) investing has experienced quite the regulatory roller coaster in recent years. In the most recent turn, Democratic Senators Patty Murray (D-Wash.) and Tina Smith (D-Minn.), along…more

Corporate Governance, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Environmental Social & Governance (ESG)

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Patricia Moran

Final Regulations Issued by Massachusetts Department of Family and Medical Leave – Health Maintenance During Leave

On January 6, 2023, the Massachusetts Department of Family and Medical Leave (DFML) published new Paid Family and Medical Leave (MAPFML) regulations (the 2023 Regulations). These regulations make changes to Section 458 CMR 2.16…more

Affordable Care Act, COBRA, Family and Medical Leave Act (FMLA), Final Rules, New Regulations

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Evan Nadel

California Supreme Court Upholds Employment Class Action Waivers, but Rejects Waivers of PAGA Claims

The California Supreme Court issued an important decision last week on the enforceability of employment class action waivers included in arbitration agreements. The result: private parties can contract for the waiver of the…more

Arbitration, Class Action, Class Action Arbitration Waivers, CLS Transportation, Employment Contract

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Larry Naughton

Checklist for Foreign Companies Expanding into the US

You’re a foreign company looking to set up shop in the United States. You have weighed the pros and cons of expanding your business into the United States, c..onfirmed the compatibility of any products or services you offer with…more

Compliance, Employee Benefits, Foreign Corporations, Immigration, Labor Regulations

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Audrey Nguyen

Third Time’s the Charm: Cal/OSHA’s Revised COVID-19 Prevention Emergency Temporary Standards (ETS) Is Effective Immediately

Cal/OSHA has approved revised Emergency Temporary Standards (ETS) and Governor Newsom has issued an executive order waiving the usual 10-day legal review and approval process by the Office of Administrative Law (OAL). This…more

Cal-OSHA, Coronavirus/COVID-19, Employer Responsibilities, Infectious Diseases, Office of Administrative Law

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Tom Pagliarini

What’s Next After Trump Removes NLRB, EEOC, and Other Agency Officials?

In a flurry activity, President Trump dismissed the General Counsel for the Equal Employment Opportunity Commission (EEOC), the General Counsel for the National Labor Relations Board (NLRB), and the initial acting General…more

Employment Discrimination, Employment Litigation, Equal Employment Opportunity Commission (EEOC), Executive Orders, Federal Labor Laws

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Evan Piercey

Mintz on Air: Practical Policies - Bridging the State and Federal DEI Chasm

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin hosts a conversation on the divide between state and federal DEI initiatives. This episode is part of a series of conversations designed to…more

Compliance, Constitutional Challenges, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

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Natalie Prescott

Temperature Checks May Add Privacy Notice Obligations for California Businesses

Companies planning to conduct pandemic-related temperature checks for California employees and visitors to their premises should consider their compliance obligations under the California Consumer Privacy Act (“the CCPA”). If…more

California Consumer Privacy Act (CCPA), Coronavirus/COVID-19, Data Collection, Employee Privacy Rights, Employer Liability Issues

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Gauri Punjabi

Navigating Politics in the Workplace During the Election Season

With the presidential election less than a month away, it is more important than ever that employers proactively manage their work environment to protect against the potential pitfalls that can arise when political discussions…more

Anti-Discrimination Policies, Anti-Retaliation Provisions, Collective Bargaining Agreements (CBA), Coronavirus/COVID-19, First Amendment

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John Quill

Legal Shifts from the White House – What Employers Need to Know

Rapid changes across the federal government are creating tremendous ambiguity for the private sector, particularly around employment and immigration issues…more

Biden Administration, Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Employment Policies, Equal Employment Opportunity Commission (EEOC)

See all updates »

Nicole Rivers

Deep Impact: The Trump Administration’s Latest Executive Order Charts a Collision Course for Discriminatory Practices Proof

The Trump Administration issued its latest Executive Order entitled Restoring Equality of Opportunity and Meritocracy (the “EO”) on April 23, 2025. The EO focuses on “disparate impact” discrimination and is the latest in a…more

Disparate Impact, Employment Discrimination, Employment Litigation, Enforcement Actions, Equal Employment Opportunity Commission (EEOC)

See all updates »

Jennifer Rubin

Mintz on Air: Practical Policies - DEI Diplomacy

In the latest episode of the Mintz on Air: Practical Policies podcast, Member Jen Rubin explores the concept of ‘DEI Diplomacy’ with Associate Corbin Carter and how the conversation around diversity, equity, and inclusion is…more

Anti-Discrimination Policies, Department of Justice (DOJ), Diversity, Diversity and Inclusion Standards (D&I), Employer Responsibilities

See all updates »

Alyssa Scruggs

Call it a Comeback: The Likely Return of ESG Investing in ERISA Accounts

Environmental, social, and governance (“ESG”) investing has experienced quite the regulatory roller coaster in recent years. In the most recent turn, Democratic Senators Patty Murray (D-Wash.) and Tina Smith (D-Minn.), along…more

Corporate Governance, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Environmental Social & Governance (ESG)

See all updates »

Dana Sebrow

Impact of DEI-Related Executive Orders on Disclosures in Recent Public Company Annual Reports

President Trump’s executive orders aimed at Diversity, Equity and Inclusion (DEI) programs and policies, including the executive order titled “Ending Illegal Discrimination and Restoring Merit Based Opportunity” (Executive Order…more

Compliance, Department of Labor (DOL), Disclosure Requirements, Diversity and Inclusion Standards (D&I), Employment Discrimination

See all updates »

Alexandra Serre

Executive Compensation: Moving Forward in a COVID-19 World

Employers reacted in a variety of ways to cope with the unprecedented financial impact of COVID-19. Many of the initial executive compensation responses were designed as cost-cutting measures that would ease cash flow burdens…more

Board of Directors, Compensation & Benefits, Coronavirus/COVID-19, Employment Contract, Executive Compensation

See all updates »

Farrah Short

FTC and DOJ Issue Antitrust Guidance for Human Resource Professionals

Last week the Federal Trade Commission and the Department of Justice jointly issued guidance to educate companies, and in particular human resource professionals, on how antitrust laws apply in the employment arena, particularly…more

Department of Justice (DOJ), Federal Trade Commission (FTC), Hiring & Firing, Human Resources Professionals, No-Hire/No-Solicitation Agreements

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Bruce Sokler

Antitrust Attacks on “No-Poach” Agreements Between Employers Accelerating

As we reported in an earlier blog post, the Federal Trade Commission and Department of Justice issued guidance in the waning days of the Obama administration reminding HR professionals and others that the antitrust laws could…more

Antitrust Division, Consent Decrees, Department of Justice (DOJ), Employer Liability Issues, Federal Trade Commission (FTC)

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Alexander Song

Executive Compensation: Moving Forward in a COVID-19 World

Employers reacted in a variety of ways to cope with the unprecedented financial impact of COVID-19. Many of the initial executive compensation responses were designed as cost-cutting measures that would ease cash flow burdens…more

Board of Directors, Compensation & Benefits, Coronavirus/COVID-19, Employment Contract, Executive Compensation

See all updates »

Tinny Song

The NLRB’s Busy July – A Harbinger of Future Coordinated Federal Action Between the NLRB, FTC, and DOJ

July was a busy month for the National Labor Relations Board (“NLRB”). In the span of a week, the NLRB signed Memoranda of Understanding (“MOU”) with both the Federal Trade Commission and the U.S. Department of Justice’s…more

Acquisitions, Antitrust Division, Biden Administration, Competition, Corporate Counsel

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Kate Stewart

March Fadness: Wearable Tech in the Workplace

Wearable technology continues to do a full court press on the marketplace and in the process, the step counters of the world and health apps tied to devices capable of tracking real-time biostatistics, are revolutionizing the…more

Data Collection, Data Security, Electronic Protected Health Information (ePHI), Employment Policies, Hackers

See all updates »

Kaoru Suzuki

Checklist for Foreign Companies Expanding into the US

You’re a foreign company looking to set up shop in the United States. You have weighed the pros and cons of expanding your business into the United States, c..onfirmed the compatibility of any products or services you offer with…more

Compliance, Employee Benefits, Foreign Corporations, Immigration, Labor Regulations

See all updates »

Brad Tartick

Key Employment Law Considerations for Canadian Businesses Impacted by Tariffs

As of this writing, the Trump administration has implemented a 25% tariff on most Canadian goods imported into the United States. Canadian governments at all levels are preparing relief programs for local businesses, but these…more

Canada, Compliance, Employee Benefits, Employee Rights, Employment Contract

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Tyrone Thomas

Breaking Down the New COVID-19 Safety Protocol Guidance for Federal Contractors and Subcontractors

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

Biden Administration, Centers for Disease Control and Prevention (CDC), Contact Tracing, Contract Terms, Coronavirus/COVID-19

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Natashia Tidwell

The False Claims Act and President Trump’s DEI Executive Order: Federal Contractor Employers Must Take Notice

In the wake of President Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” Executive Order (the “Executive Order”) (discussed further here), many companies are in the process of revisiting their…more

Anti-Discrimination Policies, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

See all updates »

David Ward

FINRA Fines Broker-Dealer for Sharing Customer Data with Third-Party Vendor

Kestra Investment Services LLC (“Kestra”) was fined $125,000 by FINRA for sharing personal customer data with a third-party vendor. Kestra had engaged the vendor to assist newly hired brokers with the transfer of customer…more

Blue Sky Laws, Broker-Dealer, Cybersecurity, Data Privacy, Financial Industry Regulatory Authority (FINRA)

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Stephen Weiner

ACA Countdown to Compliance - 52 Week Series For Employers

In this volume, we have collected the 52 weekly blog posts that comprise the series entitled, The Affordable Care Act—Countdown to Compliance for Employers. The series appeared in the Mintz Levin Employment Matters Blog during…more

Affordable Care Act, Americans with Disabilities Act (ADA), Cafeteria Plans, Employee Retirement Income Security Act (ERISA), Employer Group Health Plans

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Talia Weseley

The False Claims Act and President Trump’s DEI Executive Order: Federal Contractor Employers Must Take Notice

In the wake of President Trump’s “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” Executive Order (the “Executive Order”) (discussed further here), many companies are in the process of revisiting their…more

Anti-Discrimination Policies, Compliance, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Discrimination

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