Employment

As a general principle, an employee alleging employment discrimination has an affirmative obligation to mitigate his or her lost wages by making a good faith effort to secure alternative employment.  The employer however, bears the burden of proving that the employee failed to make such an effort.

This is the second installment of a series regarding legal issues affecting college athletics that will run during this year’s NCAA basketball tournament. It is no secret that the salaries of coaches of high profile college programs are rising steadily.

The United States Supreme Court ruled Tuesday that Tyson Foods employees could use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs' class action bar a second victory in the Court's current term, albeit a far narrower one than many commentators had feared.

Although I’ve been writing offer and assignment letters for more than 15 years, I’m curious as to what are today’s best practices for preparing these documents as our company extends its global reach.

Is the pick-off strategy to moot class actions still alive in the Southern District of New York?  Possibly. Last month we reported on Brady v. Basic Research, L.L.C. – the first decision to interpret the Supreme Court’s Campbell-Ewald Co. v. Gomez opinion.

Recently, we reported on Gobeille v. Liberty Mutual, in which the Supreme Court invalidated the Vermont all-payer claims data base law.

Ah, the tell-tale signs of March are here.  The winter is starting to dissipate in the northern climes, we’ve set the clocks forward, and Syracuse is bound for another Final Four run.

Not only is it “March Madness” time, it is also prime tax return filing time.  That means that the email scammers are out in full force as well.

My colleague Mitch Danzig, was quoted in a SHRM article entitled, Keep Employees on the Ball During March Madness, in which he provides strategies for employers to avoid legal claims when monitoring employees’ computer use. The article outlines ways employers can both manage “cyberslacking” and boost morale in the workplace during March Madness.

JD Supra has recognized Mintz in its 2016 Reader’s Choice awards, highlighting the most widely read authors and articles. With seven authors being recognized, Mintz commanded one of the strongest presences in the awards.

This is the first installment of a series regarding legal issues affecting college athletics that this blog will run during this year’s NCAA basketball tournament. Two horrible March Madness brackets ago, we analyzed the myriad of legal and operational challenges that could change the face of intercollegiate athletics. 

My colleague, Cynthia Larose authored an article entitled, “Getting Your Firm Beyond the Breach,” which appears in the January-February digital version of American Staffing Association’s magazine. The article provides an action plan for staffing firms facing a data breach caused by a temporary employee.

Last week, the Massachusetts Supreme Judicial Court issued a seminal ruling in Bulwer v. Mt. Auburn, which clarified the type of evidence an employment discrimination plaintiff needs to defeat a summary judgment motion.

Beginning April 1, 2016, new California regulations (§11023 specifically) will require all California employers with more than five employees to have written policies regarding harassment, discrimination, and retaliation.  For some employers, this may mean drafting a specific policy for the first time; for others, it may require some tinkering with an existing policy.

Sometimes a judge says what many of us are already thinking.  In Rivera v. Crowell & Moring L.L.P., Katherine B. Forrest was that judge. While lengthy, Rivera reads like a garden-variety employment discrimination summary judgment opinion; that is, until we reach page 40.

A large number of US companies relied on Safe Harbor for transferring employee data from their EU affiliates.  Since employee consent usually can’t be relied upon for data transfers, many companies have moved over to the EU’s “model clauses,” which are inflexible and cumbersome to put in place.

The Employee Retirement Income Security Act of 1974 (ERISA) made the regulation of employee benefit plans principally a matter of Federal concern. ERISA broadly and generally preempts—or renders inoperative—state laws that “relate to” employee benefit plans.

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 outcome, it did turn on the facts, and could have produced a different result under different circumstances.

This week, the U.S. Equal Employment Opportunity Commission filed its first lawsuits alleging sexual orientation discrimination under Title VII against employers in Pennsylvania and Maryland.  In both cases, the EEOC seeks compensatory and punitive damages, as well as injunctive relief.

Donald Trump has become part of the national conversation. Not a single day goes by now without Mr. Trump filling up at least one news cycle.