Employment

This week, the Supreme Court disappointed many employers by declining to determine whether the Fair Labor Standards Act does or does not provide employees with a non-waivable substantive right to bring a collective action.

Sixty-four employment law issues have become just two after an exciting Final Four. Last night, while Wisconsin and Duke played each other in the NCAA championship, the Wage and Hour Collective Actions and the Retaliation Claims faced off in the ELIT championship.

“There’s a tradition in tournament play – not to talk about the next step until you’ve climbed the one in front of you.  I’m sure writing a tournament championship blog entry is beyond your wildest dreams, so let’s just keep it right there.”

We’re still at it over here.  We can’t stop.  We have tons of clever basketball-employment law-related puns left in our arsenal and we expect to deploy them.

The Securities and Exchange Commission instituted cease and desist proceedings against KBR, Inc. for the purpose of entering an agreed Cease and Desist Order which is likely to affect the drafting of all confidentiality agreements entered into between a company and its employees.

Section 162(m) of the Internal Revenue Code precludes the deduction by public companies for compensation paid to certain covered employees in excess of $1,000,000 in any taxable year. This limitation on deduction does not apply to performance-based compensation.

I was quoted in a Law360 article entitled High Court UPS Ruling Means Changes to EEOC Guidance, in which I comment on the significance (or lack thereof) of the U.S. Supreme Court’s Young v. UPS decision where it introduced a new "significant burden" standard in pregnancy discrimination cases.

The U.S. Supreme Court vacated a Fourth Circuit decision Wednesday, reviving a pregnancy bias case against the United Parcel Service brought by a former delivery driver who was denied a light-duty work accommodation while pregnant.

The Sweet Sixteen has come and gone and it was glorious.  Streamed live over our new Apple Watches, 16 employment law issues battled it out for the right to move onto the Elite Eight, which will be held next week at Sixth Circuit Stadium in Cincinnati.

On Tuesday, March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act into law. We want to take this opportunity to share with you some highlights of the past five years, and also to thank you for following our updates and insights on this momentous law!

The Privacy & Security Matters blog is hosting a monthly webinar series. Last month, Jen Rubin and Gauri Punjabi discussed privacy issues in the workplace.

The “employee choice” doctrine is one of those employment terms that is as misunderstood as “right to work,” “employment at will” and my personal favorite, “labor lawyer”.  But a recent New York Federal court in IBM v Smadi, spelled it out pretty clearly: the employee choice doctrine is alive and well and has just a few simple components.

If you thought the Round of 64 was wild, then wait until you see what happened during the second round.  Let’s just say that some shocking upsets left many a bracket busted wide open.

The D.C. Mayor’s office recently issued employee pay notices templates that employers may use to satisfy the pay notice requirements under D.C.’s new Wage Theft Prevention Amendment Act.

Recently, Mintz held a seminar in New York City that addressed some of the major challenges employers are facing in the New Year. Our program contained segments on NYC’s paid sick leave law, effective management of HR Issues, the Affordable Care Act, employment practices liability insurance coverage, and workplace privacy.

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with upsets galore and exciting finishes, employment law fans everywhere were not disappointed.

Folks, this is the postest with the mostest; the entry of the century. That’s right ladies and gentlemen, employers of all industries, it’s time for a little fun; it’s time for the 2015 Employment Law Issues Tournament, brought to you by your friends over at Mintz Levin’s Employment, Labor and Benefits practice.

Recently, Mintz Levin held a seminar in New York City that addressed some of the major challenges employers are facing in the New Year. Our program contained segments on New York City’s paid sick leave law, effective management of HR Issues, the Affordable Care Act, employment practices liability insurance coverage, and workplace privacy.

In June, we wrote that the U.S. Supreme Court agreed to address whether a federal agency (in this case, the Department of Labor) must engage in formal notice-and-comment rulemaking in order to significantly alter its interpretation of the agency’s regulations (in this case, a rule interpreting a particular FLSA overtime exemption).

On March 3, 2015, the D.C. Protecting Pregnant Workers Fairness Act of 2014 became effective. The Act provides increased protections for pregnant workers and requires employers to provide reasonable workplace accommodations for workers whose ability to perform job functions are limited by pregnancy, childbirth, a related medical condition, or breastfeeding.