Employment

Issued at the end of last year, Notice 2015-87 provided detailed guidance on a host of topics. The notice has been referred to colloquially in some quarters as the “pot luck” notice.

The U.S. Department of Labor Wage and Hour Division weighed in last week on the hot topic of joint employment, issuing an Administrative Interpretation entitled “Joint employment under the Fair Labor Standards Act and Migrant and Seasonal Agricultural Worker Protection Act.”

It is a familiar scenario: a company is on the verge of bankruptcy, bound by the terms of a collective bargaining agreement (CBA), and unable to negotiate a new agreement.

An unaccepted Rule 68 Offer of Judgment for complete relief does not moot a plaintiff’s individual and class action claims said the Supreme Court on Wednesday.

As wise employers focus strategic initiatives to enhance diversity and inclusion in the workplace, we periodically receive questions about limitations for proactive approaches in this area.

Non-disparagement provisions are commonplace in today’s settlement and separation agreements, with employers often seeking the broadest protection against disparagement.  A recent decision from a New York federal court, however, suggests that such provisions may have their limits in connection with wage and hour settlement agreements.

My colleague, Sue Foster, is out with a quick, but important post on our sister blog, Privacy and Security Matters, about a European Court of Human Rights decision that approved employer access to personal employee communications under limited circumstances.

My colleague Patricia Moran, was quoted in the Bloomberg BNA article entitled Cadillac Tax Isn’t Being Sent to the Junkyard Yet in which she advises employers on strategic use of the two-year delay of the Affordable Care Act’s Cadillac tax. The article examines the implications of the delay and the likelihood that the tax is repealed.

If you follow my corporate divorce series, you are familiar with my affinity for the employment-as-marriage metaphor.  I’ve already examined how employment relationships end or should end.

Last month, a district court in Wisconsin dealt a blow to the EEOC and the future of its proposed ADA wellness program regulations.

At the end of last year, a federal court in Massachusetts found that a forum selection clause in an Iowa company’s standard form service-provider agreement did not apply to claims asserted under the Fair Labor Standards Act (FLSA) and the Massachusetts Wage Act (Wage Act).

Happy New Year from your friends at the OFCCP.  This week brings the enforcement of requirements stated under Executive Order 13665, which prohibits federal contractors from discriminating or otherwise conducting adverse personnel actions against employees or job applicants for compensation inquiries, discussions or disclosures.

Being a headliner is great but nothing beats being tapped as the opening act. Join me and my panel of corporate counsel and human resources professionals as we warm up the audience at Mintz Second Annual Employment Law Summit.

In this volume, we have collected the 24 weekly blog posts that comprise the series entitled, “The Affordable Care Act’s Reporting Requirements for Carriers and Employers.” The series appeared in the Mintz Levin Employment Matters blog during the latter-half of 2015.

Non-compete agreements are a common part of the business world these days.

My colleague Tyrone Thomas, was quoted in the Law360 article entitled College Player Compensation Issue Rages on Despite Reforms in which he analyzes the impact of education-based reforms made by several NCAA conferences may have on existing legal matters that are challenging the amateurism model of college athletics.

When it comes to telling their employees about certain benefits, many employers have for decades (since 1974 to be exact) flouted a particular provision of the law with impunity.

While we were in the midst of office holiday parties and end of the year celebrations, the Fourth Circuit Court of Appeals came down with two precedential decisions for employers to ponder in the New Year.

While Americans everywhere were busy eating turkey and drinking eggnog last November and December, our government was hard at work attending to budget matters.  Tucked among the appropriations were several fairly significant items of interest to employers, employees, providers, administrations, and all manner of benefits aficionados.

New York City just finished off a strong year on the employment law front. The City Council passed laws that banned the box and all but eliminated credit checks.