Employment

Viewpoints

Filter by:

Viewpoint Thumbnail

U.S. Supreme Court Broadens Construction of FLSA Overtime Exemption

April 5, 2018 | Blog

On Monday of this week, the U.S. Supreme Court reversed the Ninth Circuit when it ruled in Encino Motorcars, LLC v. Navarro that auto dealership service advisors are exempt from the FLSA’s overtime requirements.
Read more

MA Pregnant Workers Fairness Act: Part II

April 5, 2018 | Blog | By Emma Follansbee

Now that the Massachusetts Pregnant Workers Fairness Act (PWFA) went into effect April 1, 2018, it is time for employers to confirm that they are taking steps to ensure compliance with the PWFA.
Read more

Mintz 4th Annual Employment Law Summit – The High Cost of Worker Misclassification

March 28, 2018 | Blog | By David Lagasse

Join us in a discussion on the increasingly complex landscape of employee misclassification as we explore best practices to help your company avoid the costly pitfalls and time consuming litigation that can result from this expensive mistake. An estimated 3.4 million employees are misclassified as independent contractors when they should be reported as employees.
Read more
Viewpoint Thumbnail

Mintz 4th Annual Employment Law Summit -- Navigating Unexpected Terrain in Workplace Investigations

March 23, 2018 | Blog

Join me in a discussion on the increasingly nuanced landscape of employee workplace investigations and best practices in managing their effect on corporate brand, attorney-client privilege and obligations to applicable governmental entities. The current wave of public disclosure of workplace misconduct highlights the intersection of legal compliance and employee relations.
Read more

New York City Will Require Employers to Grant Temporary Schedule Changes

March 21, 2018 | Blog

The New York City Council recently passed a bill that will require employers to grant two temporary schedule changes per calendar year to employees for qualifying “personal events.” The law will take effect on July 18, 2018 and will add to the increasingly complex obligations of employers to track and respond to employee leave requests.
Read more

Mintz 4th Annual Employment Law Summit -- The Role of In House Counsel and Human Resources Professionals in the #MeToo Movement

March 21, 2018 | Blog | By Jennifer Rubin

Join me and a panel of corporate counsel and human resources professionals to discuss the #MeToo movement and its impact on the HR function at Mintz Fourth Annual Employment Law Summit in New York City on April 19, 2018.
Read more

The Affordable Care Act’s Contraceptive Mandate: A Loss in Massachusetts and Other Current Events

March 20, 2018 | Blog | By Patricia Moran

The contraceptive mandate, one of the more controversial provisions of the Affordable Care Act, continues to make news as various stakeholders duke it out in and out of court.
Read more

Employment Tips from March Madness

March 17, 2018 | Blog | By Natalie C. Groot

In a March 15, 2018 Law360 article, Mintz Levin Employment, Labor and Benefits practice leader Michael Arnold discusses the intersection between March Madness and employment law.
Read more

Sixth Circuit Delivers One-Two Punch Knocking Out Transgender Discrimination

March 16, 2018 | Blog

The U.S. Court of Appeals for the Sixth Circuit ruled on March 7 that employer R.G. & G.R. Harris Funeral Homes unlawfully discriminated on the basis of sex when it fired a transgender employee after she informed the company that she would begin presenting consistent with her gender identity.
Read more

U.S. Department of Labor Launches Wage and Hour Self-Reporting Program

March 9, 2018 | Blog

On March 6, 2018, the U.S. Department of Labor (“DOL”) announced a new pilot program, the Payroll Audit Independent Determination (“PAID”) program, which encourages employers to self-report inadvertent overtime and minimum wage violations under the Fair Labor Standards Act (“FLSA”).
Read more
Viewpoint Thumbnail

The Bubbler - March 2018

March 8, 2018 | Blog

Phew - it has been a whirlwind of a month in the employment law world! Just in time for spring, new laws are popping up like crocuses just about everywhere we turn.
Read more

Austin Adopts Paid Sick and Safe Leave

March 5, 2018 | Blog

Austin, Texas recently became the first municipality in the South to enact a paid sick and safe leave law for private sector employees.  The sick and safe leave ordinance will take effect on October 1, 2018 for employers with five or more employees.
Read more

Second Circuit Becomes the Second to Prohibit Sexual Orientation Discrimination

March 1, 2018 | Blog

On Monday, for the second time in less than a year, a federal appeals court ruled that Title VII forbids sexual orientation discrimination because it is a form of sex discrimination.
Read more

Register Now for Mintz’s Fourth Annual Employment Law Summit (April 19, 2018)

February 26, 2018 | Blog

On April 19, 2018, Mintz will be hosting its Fourth Annual Employment Law Summit at the Princeton Club in New York City. This half-day seminar will feature as its keynote speaker Kevin Berry, the District Director of the EEOC’s New York District Office.
Read more

SCOTUS: Whistleblowers Who Complain Only Internally to Employers Are Not Protected by Dodd-Frank

February 23, 2018 | Blog

On Wednesday this week, all nine justices agreed that the Dodd-Frank Act’s anti-retaliation provision does not extend to an individual who has not reported a violation of the securities laws to the Securities and Exchange Commission (“SEC”).  In other words, making only internal complaints does not shroud an employee in whistleblower protection under the Dodd-Frank Act.
Read more

Association Health Plans and the Sale of Group Health Insurance “Across State Lines”

February 22, 2018 | Blog

In advance of issuing the Executive Order that culminated in the promulgation by the Department of Labor of proposed regulations expanding the availability of Association Health Plans, President Trump announced that one of the purposes of the order was to allow people to buy health insurance “across state lines.”
Read more

401(k) Plan Cybersecurity

February 22, 2018 | Blog | By Natalie C. Groot

Mintz Levin Benefits attorney Patricia Moran recently published an article in SHRM describing the cybersecurity risks involved with 401(k) Plan sponsorship.  The article is a great resource for employers who sponsor 401(k) or other retirement plans, especially those who share employees’ sensitive information with third party administrators.
Read more

The Viability of “Class Arbitration”

February 21, 2018 | Blog | By Natalie C. Groot

As reported by our sister blog, ADR: Advice from the Trenches, a federal district court in New York held that an arbitrator could not certify a “class” that included non-appearing members.
Read more

Association Health Plans: Self-Funded vs. Fully-Insured

February 12, 2018 | Blog

Recently proposed Department of Labor (Department) regulations governing Association Health Plans (AHPs) would, if made final, permit small employers to be regulated under more favorable, large group rules. The proposed regulations modify the rules governing fully-insured AHPs; they do not change the way that self-funded AHPs are regulated.
Read more

Antitrust Attacks on "No-Poach" Agreements Between Employers Accelerating

February 12, 2018 | Blog | By Bruce Sokler

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 apply in the employment arena, particularly with respect to hiring and compensation matters.
Read more

Subscribe

Sign up to receive email updates from Mintz.
Subscribe Now
Coronavirus Blog Button

Coronavirus Insights Center

Employer Roadmap in the Time of 2019 Blog Button

Roadmap for Employers in the Time of COVID-19

AHP Blog Button

Association Health Plan Perspectives

Viewpoint Editors

Explore Other Viewpoints:

I'm Looking For...