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New York City Commission on Human Rights Releases Enforcement Guidance on Gender Identity and Expression Discrimination (NYC Finale Part 1)

December 29, 2015 | Blog

New York City is finishing off a strong year on the employment law front.  Earlier this year, the City Council passed laws that banned the box and all but eliminated credit checks.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 23 of 24): Notice 2016-4 Postpones Reporting and Filing Deadlines

December 28, 2015 | Blog

Under the Affordable Care Act’s reporting requirements that have been the subject of this series, statements to responsible individuals (a/k/a “employees”)—i.e., Forms 1095-B and 1095-C—must be furnished on or before January 31 of the year following the calendar year of coverage.
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Uber Class Action Update: Court Finds Arbitration Agreement Unenforceable and Broadens Class of Drivers

December 22, 2015 | Blog | By Natalie C. Groot

The Uber saga continues in O’Connor v. Uber Technologies, Inc. – a closely watched case that will impact the future of the gig economy.  Last time we visited this case, the 9th Circuit Court of Appeals had declined to review the district court’s class certification decision, which certified a class of thousands of Uber drivers.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 22 of 24): Affordability, HRA Contributions, Flex Credits, Opt-Out Payments, and SCA Fringe Benefit Contributions under Notice 2015-87

December 22, 2015 | Blog

The Treasury Department and the IRS this week issued Notice 2015-87 that addresses, among other things, the effect of Health Reimbursement Account (HRA) contributions, cafeteria plan flex credits and opt-out payments on affordability determinations for purposes of assessable payments under Code § 4980H(b).
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The Times They Are A-Changing: EEOC Task Force Focuses on Evolving Harassment in the Workplace and New Ways to Combat It

December 22, 2015 | Blog | By Erin Horton

The EEOC’s Select Task Force on the Study of Harassment in the Workplace recently held the third in a series of public meetings, a two-part panel aimed at understanding the different and evolving nature of harassment in the workplace and potentially new methods for addressing harassment.  The Task Force was created early this year by EEOC Chair Jenny R. Yang.
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An Unrealistic Threat Of A Pay Cut To A High-Level Employee Is Not An Adverse Action, So Says The Fifth Circuit

December 18, 2015 | Blog | By Alta Ray

To prove retaliation a plaintiff must show that he or she suffered an “adverse employment action” – an issue that is often conceded by employers defending against such claims.  However, the Fifth Circuit’s recent decision in Brandon v. The Sage Corp. is a great reminder as to why employers should not overlook this issue.
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One Particular (Safe) Harbor: Safe Harbor for Massachusetts Earned Sick Time Law Ends on December 31, 2015.

December 18, 2015 | Blog | By Robert Sheridan

Massachusetts employers need to take heed that the safe harbor provision in the Earned Sick Time law ends on December 31, 2015.  By the start of the New Year, Massachusetts employers will need to strictly comply with the Sick Time Law or it will not be a very happy New Year.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 21 of 24): Reporting for “MEC” Plans

December 14, 2015 | Blog

It took a while, but most employers and their advisors have finally gotten the hang of the Affordable Care Act’s employer shared responsibility rules. That is, they understand generally that:
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Top 10 Largest Shareholders of a Non-Publicly Traded Foreign Corporation May be Held Liable for Unpaid Wages for Services Performed in New York State

December 9, 2015 | Blog

New York has amended its Business Corporation Law (BCL) to make the top ten largest shareholders of a non-publicly traded foreign corporation liable for unpaid wages. The change will go into effect in the middle of next month.
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Corporate Divorce Series: Is Employee Solicitation A New Kind of Custody Dispute?

December 9, 2015 | Blog | By Jennifer Rubin

If you’ve been following my corporate divorce series, you are familiar with my view about who owns what at the end of the employment relationship, who pays what to whom, and even how to end the relationship. But I have yet to address the notion of custody and whether my employment-as-marriage metaphor withstands an analogy to the post-employment solicitation of employees.
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Choosing Sides in a Divorce: Does it Apply to Employers Too? NJ Supreme Court Weighing Contours of “Marital Status” Discrimination

December 8, 2015 | Blog | By David Katz

In a case reminiscent of the Curb Your Enthusiasm episode where Cheryl leaves Larry, forcing their friends to choose post-split allegiances (to Larry’s dismay, Ted Danson, the Funkhousers (Super Dave Osborne and Blossom) and even restauranteur Primo, all chose Cheryl), an employer, upon hearing of co-worker spouses’ impending divorce, felt compelled to choose sides
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Employers: the Recent Terrorist Attacks in Paris and San Bernardino Will Likely Increase Scrutiny on Visa Applicants and Employees Traveling Internationally

December 8, 2015 | Blog

My colleague, Douglas Hauer, recently wrote about the terrorist attacks’ potential impact on the visa application process and international employee travel.  Doug writes that for employers, this may mean increased travel restrictions and security checks, not just for visa applicants, but even for those coming over for short business trips in the states.
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First Circuit Withdraws Earlier Opinion in Location-Based Discrimination Case; Issues Less Expansive Amended Opinion

December 3, 2015 | Blog | By Dan Long

In August, we wrote about the First Circuit Court of Appeals’ decision in Abril-Rivera v. Johnson, which affirmed a lower court ruling dismissing location-based discrimination and retaliation claims against FEMA.  Last week, however, the First Circuit withdrew that decision and issued an amended opinion in the case.
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Register Now for Mintz's Second Annual Employment Law Summit (January 28, 2016)

December 3, 2015 | Blog

On January 28, 2016 Mintz will be hosting its Second Annual Employment Law Summit at the Princeton Club in New York City.  This half-day seminar will feature Carmelyn Malalis, Commissioner and Chair of the New York City Commission on Human Rights, as its keynote speaker.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 20 of 24): Reporting Affordability on Form 1095-C, Part II, Line 16 Using 2-Series Codes 2F, 2G, and 2H

December 2, 2015 | Blog

Affordability—i.e., whether health coverage is “affordable”—occupies an important place in the Affordable Care Act’s (ACA) regulatory scheme. Under that law’s individual mandate, no penalties are imposed for failure to maintain coverage that is not affordable.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 19 of 24): Terminations, Changes in Status and Service Breaks under the Look-back Measurement Method

December 2, 2015 | Blog

Last week we examined the reporting challenges associated with employee terminations, changes in status, and breaks in service under the monthly measurement method.
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Federal Court Requires “Meeting of the Minds” To Enforce Arbitration Agreement Included in Employment Application

November 24, 2015 | Blog | By Alta Ray

Last month, a federal court in Maryland denied an employer’s motion to compel arbitration even though the plaintiff executed an arbitration agreement the employer had included in the plaintiff's employment application.
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Truthful Terminations May Lead to Better Consequences

November 23, 2015 | Blog | By Jennifer Rubin, Brent Douglas

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.
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Ninth Circuit Won’t Review Uber Driver Class Certification Decision

November 23, 2015 | Blog

The sharing or gig economy has introduced a new management paradigm for companies, more flexible schedules for workers, and a greater level of convenience and accountability to consumers.  While there are many supporters of this new economy, the individuals providing the services are caught in an undefined space – are they employees or independent contractors?
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Offering Pre-Tax Transit Benefits is no Longer Optional for New York City Employers

November 23, 2015 | Blog | By George Patterson

New York City’s Affordable Transit Act, which takes effect on January 1, 2016, will require most employers with 20 or more full-time employees to allow employees to apply pre-tax earnings toward qualified commuting expenses.
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