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Apocalypse Averted Again: Preliminary Thoughts on Welcoming Workers Back From the Government Shutdown

October 18, 2013 | Blog

As my colleague Jill Collins discussed a few weeks ago, the government shutdown had a broad impact on a number of workers in the public and private sectors. Now that the federal government has reopened, employers welcoming back furloughed employees should stand ready to answer worker questions and assuage employee concerns.
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Second Circuit Court of Appeals Will Address Comcast’s Impact on Wage and Hour Class Action Lawsuits

October 17, 2013 | Blog

What is the impact of the U.S. Supreme Court’s Comcast decision on wage and hour class action lawsuits? That is the question the Second Circuit Court of Appeals has agreed to hear on appeal.
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New York State’s Highest Court Confirms that a Request for Indefinite Leave May Constitute a Reasonable Accommodation Under the New York City Human Rights Law

October 16, 2013 | Blog | By Michael Arnold

The New York Court of Appeals – New York’s highest court – is out with a new decision this week addressing our favorite statutory friend (foe?), the New York City Human Rights Law – this time in the context of a disability discrimination claim.
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New York State Department of Labor Adopts New Wage Deduction Regulations

October 14, 2013 | Blog | By Michael Arnold

The New York State Department of Labor has finally released regulations interpreting the Wage Deduction Law that New York amended nearly a year ago. At last, I can sleep at night. Here are my 5 quick takeaways from those regulations, which are relatively easy to read and can be accessed here.
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New York Federal District Court Declines to Extend Protections against Discrimination under the New York City Human Rights Law to Unpaid Interns; But Should the Analysis End There?

October 9, 2013 | Blog | By Michael Arnold

I just finished reading a very interesting opinion in Wang v. Phoenix Satellite Television US, Inc., which Judge Castel issued late last week out of the Southern District of New York and which addresses the scope of the New York City Human Rights Law – arguably the broadest anti-discrimination statute in the nation.
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A New Players Union? - Implications of All Players United

October 7, 2013 | Blog

A recent trend in college athletics has been the display of “APU” wristbands by student-athletes during high-profile football games. All Players United or APU, represents itself as an organization concerned for the well-being of student-athletes.
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Employer Exposure in Unpaid Wage Lawsuits May Decrease as Second Circuit Refuse to Apply New York Wage Theft Prevention Act's Liquidated Damages Provision Retroactively

October 7, 2013 | Blog | By Michael Arnold

In 2010, New York enacted the Wage Theft Prevention Act, which in part amended its Labor Law to require courts to impose a liquidated damages award of 100% of the total unpaid wages owed to the employee. The law previously capped the award at just 25%.
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Back to School: Employers Must Remain Mindful of Employee Entitlement to School-Related Leave

October 2, 2013 | Blog | By Michael Arnold

School is back in full swing and we thought it best to update our previous post addressing school-related leave requirements for employers. Many states require (or at least encourage) employers to provide short-term unpaid job-protected leave to their employees seeking to participate in their children’s school-related activities.
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Companions No More: U.S. Department of Labor Extends Minimum Wage and Overtime Protections to Home Health Care Workers

September 30, 2013 | Blog

Beginning on January 1, 2015, the Fair Labor Standards Act will extend its minimum wage and overtime protections to nearly all home health care workers. This changes the playing field for an estimated two million workers who provide home care assistance to the elderly, disabled and infirm.
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Government Shutdown Would Pose a Myriad of Issues for Employers

September 30, 2013 | Blog

If Congress fails to pass an appropriations bill by midnight tonight, the government will partially shut down and private sector employers along with federal employees will be greatly impacted by reduced government services and furloughs. Here is a rundown of some employment-related issues associated with any shutdown.
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No More Playing Cute With Non-Solicitation Obligations: First Circuit Court of Appeals Rejects "Customer Called Me First" Argument

September 27, 2013 | Blog

Non-solicitation agreements now may have more teeth in Massachusetts. This week, in Corporate Technologies, Inc. v. Harnett, the First Circuit Court of Appeals allowed to stand an earlier injunction prohibiting Brian Harnett, a former employee of Corporate Technologies, from conducting business with Corporate Technologies’ customers.
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The October 1 Deadline for Employer Health Care Reform Notices Is Coming!

September 25, 2013 | Blog

On or before October 1, 2013, most employers are required to distribute a notice to their employees informing them about the new Health Care Reform Marketplace (also known as “the Exchanges”). Here are the highlights of this new requirement:
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New York City Council Amends New York City Human Rights Law to Require Employers to Provide Reasonable Accommodations to Pregnant Employees

September 24, 2013 | Blog

The nation’s broadest anti-discrimination law just got broader – now requiring employers to provide reasonable accommodations to pregnant employees. Existing Federal, state and city laws already protect women against pregnancy discrimination, but none went so far as to require reasonable accommodations.
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United States Department of Labor Looks to Develop Smartphone Apps as Part of Internet Shaming Strategy

August 12, 2013 | Blog | By Martha Zackin

The Society for Human Resource Management (SHRM) recently published an article Michael Arnold wrote regarding the United States Department of Labor's development and use of mobile apps to help promote an Internet shaming strategy against non-compliant employers.
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Cafeteria Plans, the Affordable Care Act, and Continued Compliance with the Massachusetts Free-Rider Surcharge Requirement--New Advice from the Massachusetts Health Insurance Connector

August 2, 2013 | Blog | By Martha Zackin

Established as part of the 2006 Massachusetts health care reform law, the Massachusetts Health Insurance Connector served as a model for the Affordable Care Act’s American Health Benefit Exchanges, also known as insurance marketplaces.
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Massachusetts Private Health Care Exchange Announced

August 2, 2013 | Blog | By Martha Zackin

In a client advisory issued yesterday, we explain how the rules governing insurance marketplaces under the Affordable Care Act affect compliance with the Massachusetts free-rider surcharge.
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"Directly or Indirectly" Means Just That ....

July 26, 2013 | Blog | By Martha Zackin

A federal district court in Florida granted a preliminary injunction prohibiting five former employees of Mainline Information Systems from soliciting certain customers and using confidential information in violation of their employment agreements and prohibiting the employees’ new employer and its senior vice president for sales from assisting the employees
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PCORI Fee Payment and Filing Deadline is July 31, 2013

July 25, 2013 | Blog | By Martha Zackin

The Affordable Care Act has established a new annual fee, imposed on group health plans, which will be used to fund the Patient Centered Outcomes Research Institute. The amount of the fee is $1 times the average number of individuals covered under the plan for the first year, then $2 times average covered individuals thereafter.
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Update: Don't Hate Me 'Cause I'm Beautiful: Termination Based on "Irresistible Attraction" is Not Unlawful Sex Discrimination

July 12, 2013 | Blog | By Martha Zackin

On January 4, we wrote that the Iowa Supreme Court ruled that a dentist acted legally when he fired a female employee because he had become irresistibly attracted to her – a situation the employer’s wife, also an employee, found objectionable. Earlier today the Court, which had taken the unusual step of granting a motion for reconsideration, upheld its decision.
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Unpaid Intern Decision May Provide Second Circuit the Opportunity to Clarify its Position on Class Certification in Light of Comcast

July 8, 2013 | Blog | By Martha Zackin

As we wrote about previously, the legality of unpaid internships is a hot issue this summer, with courts struggling over two issues: (1) whether employers must classify entry-level “interns” as employees under the law, and therefore pay them at least minimum wage and overtime, and (2) whether the job conditions of groups of interns are similar enough so that class action
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