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New York Paid Family Leave Proposed Regulations Filed

February 28, 2017 | Blog | By Alexander Song

The New York State Workers’ Compensation Board is out with proposed regulations providing guidance to employers, insurance carriers and employees regarding their rights and responsibilities under New York’s new Paid Family Leave law, which is scheduled to go into effect January 1, 2018.
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2016 New York Employment Law Year In Review

February 28, 2017 | Blog | By George Patterson, Alexander Song

Over the next two weeks we will release our Year in Review segment, which will look at the key labor & employment law developments from 2016 in New York, the DC Metro Area, Massachusetts, and California while offering our thoughts about 2017.  Today we kick off this segment with New York.
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Register Now for Mintz’s Third Annual Employment Law Summit (April 6, 2017)

February 27, 2017 | Blog

On April 6, 2017, Mintz will be hosting its Third Annual Employment Law Summit at the Princeton Club in New York City. This half-day seminar will feature as its keynote speaker Liz Vladeck, the Deputy Commissioner for the Office of Labor Policy and Standards at the NYC Department of Consumer Affairs.
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Newly Updated Mintz Matrix - State-by-State Data Breach Notification Laws

February 22, 2017 | Blog

Our sister blog, Privacy & Security Matters, has just published its annual update of U.S. state data breach notification laws known as the "Mintz Matrix".  Read the full blog post on the 2017 update or access the new "Mintz Matrix" directly.
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Fourth Circuit Offers New Test for Joint Employment under FLSA

February 21, 2017 | Blog

The Fourth Circuit recently ruled that a general contractor was the joint employer of employees of its subcontractor for purposes of the Fair Labor Standards Act.
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Update: DOL Regulation For Employers Who Use Direct Deposit and Payroll Debit Cards Invalidated

February 18, 2017 | Blog

On February 16, 2017, the New York State Industrial Board of Appeals invalidated and revoked the NYS Department of Labor regulations we wrote about previously (and updated here) governing payment of wages by direct deposit or payroll debit card.
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The Future of the Affordable Care Act Week 6: Focus on the Individual Health Insurance Market

February 17, 2017 | Blog

A recent report from the nation’s top actuaries takes a sobering look at the challenges policy makers face in creating a viable individual (i.e., non-group) health insurance market—a critical component of any plan to replace the Affordable Care Act.
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New York DOL Adopts Regulations Governing Employment Policies that Limit Employee Discussion of Wages

February 16, 2017 | Blog | By George Patterson

The New York State Department of Labor has adopted regulations clarifying employers’ rights and obligations when implementing policies that limit the discussion of wages in the workplace.
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Supreme Court Delays Oral Arguments Regarding Employment ‘Class Arbitration’ Waivers

February 14, 2017 | Blog

UPDATE: On February 8, 2017, the Supreme Court announced that it would delay until its October 2017 term oral arguments in the consolidated cases concerning the enforceability of class arbitration waivers in employment agreements.
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Supreme Court set to Decide this Term if Employees Can Waive Their Right to Bring a Class or Collective Action

February 3, 2017 | Blog | By David Barmak

For our sibling blog ADR: Advice from the Trenches, my colleagues Kate Beattie and Don Davis have authored an analysis of employee class action waivers now that the Supreme Court has agreed to take up the issue this term.  For our prior analyses of class action waivers, see our prior Employment Matters posts on this topic.

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The Groundhog Says Six More Weeks of Winter, So Employers Should Remain Mindful of Their Obligations During Inclement Weather

February 2, 2017 | Blog | By Natalie C. Groot

This morning Punxsutawney Phil told us that we are facing six more weeks of winter.  Great.  We thought it served as a good opportunity to remind employers of the importance of establishing inclement weather policies that are compliant with wage and hour laws for both exempt and non-exempt employees.
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It’s Tax Time – Don’t be Phished

February 2, 2017 | Blog

Our colleagues over at the Privacy & Security Matters blog wrote a really good piece entitled "It's Tax Time - Don't be Phished," which guides employers on how to avoid phishing scams during this tax season.
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NYSDOL Releases Proposed Notice and Consent Forms for Direct Deposit and Payroll Debit Cards

February 1, 2017 | Blog

In October, we wrote about the new NYSDOL regulations for employers who use direct deposit and/or payroll debit cards to pay their employees.
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EEOC v. Flambeau, Judicial Restraint, and the (Uncertain) Future of Employer-Sponsored Wellness Programs

January 31, 2017 | Blog

On January 25, the Seventh Circuit Court of Appeals issued it much-anticipated decision in EEOC v. Flambeau, Inc. This case involved the regulation of employer-sponsored wellness plans and programs. Since 2006, the rules surrounding wellness programs had been modestly well settled—for tax and benefits purposes.
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Recent Immigration Law Changes and a Roadmap for Compliance in the New Administration

January 27, 2017 | Blog | By David Barmak

On February 9th (in Boston) and February 16th (in New York), our Immigration Law colleagues will be offering live seminars designed for in-house counsel, immigration specialists, HR professionals, talent managers, and other internal stakeholders to review changes affecting the hiring and continued employment of foreign nationals.
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EEOC Releases Guidance Concerning the Mental Health Provider’s Role in ADA Reasonable Accommodation Requests

January 18, 2017 | Blog | By Robert Sheridan

The EEOC recently published guidance for mental health providers describing their role in an employee or applicant’s request for a reasonable accommodation under the Americans with Disabilities Act (“ADA”).
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Can Employers Include Class/Collective Action Waivers in Arbitration Agreements? Supreme Court to Decide.

January 16, 2017 | Blog

On Friday, the Supreme Court agreed to decide the issue of whether employers may include class/collective action waivers in their arbitration agreements.  As we discussed in more detail here, multiple federal appeals courts have split over the issue.
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The Future of the ACA Week 5: The Rep. Tom Price Plan(s)

January 11, 2017 | Blog

This week continues our survey of key Republican proposals to “repeal and replace” the Affordable Care Act (ACA).  In the past two weeks, we have reviewed the Trump/Pence transition plan, entitled “Healthcare Reform to Make America Great Again,” and House Speaker Paul Ryan’s proposal, entitled “A Better Way.”
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The Saga Continues on the Fate of the DOL's Overtime Rule

January 6, 2017 | Blog

Just before Thanksgiving, a Texas federal court judge issued an injunction blocking the closely-watched new federal overtime rule from taking effect as scheduled on December 1, 2016
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New York City Enacts Nation’s First Freelance Worker Protection Law

January 5, 2017 | Blog

As 2016 came to a close, New York City became the first in the nation to enact a law establishing payment protections and remedies for freelance workers.  On November 16, 2016, Mayor de Blasio signed into law the Freelance Isn’t Free Act, which will go into effect on May 15, 2017.
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