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HHS Clarifies Temporary Enforcement Safe Harbor for Contraceptive Services under Plans of Certain Religious Employers

August 29, 2012 | Blog | By Martha Zackin

The Affordable Care Act’s requirements relating to first dollar coverage of preventive has hit something of a snag on the subject to coverage of contraceptive services on the part of religiously-affiliated entities such as colleges, universities and hospitals.
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Psychological Counseling May Constitute a Medical Examination Under the ADA

August 27, 2012 | Blog | By Martha Zackin

Last week, in a case of first impression titled Kroll v. White Lake Ambulance Authority, the Sixth Circuit found that psychological counseling may qualify as a “medical examination” under the Americans With Disabilities Act (“ADA”), which forbids employers from requiring medical exams unless they are job-related.
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New York Enhances Employee and Consumer Privacy Rights Under its Social Security Number Protection Law

August 24, 2012 | Blog | By Martha Zackin

Four years ago, New York enacted a Social Security Number Protection Law, N.Y. Gen. Bus. Law, §399-dd, aimed at combating identity theft by requiring employers to better safeguard employee social security numbers in their possession. Now, New York is going one step further with its passage of two new Social Security Number Protection laws.
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NLRB Takes Aim at Policies Designed to Ensure Confidentiality of Internal Investigations

August 13, 2012 | Blog | By Martha Zackin

The National Labor Relations Board continues to expand the scope of the National Labor Relations Act in union and non-union workplaces – this time taking issue with an employer’s policy prohibiting employees from discussing ongoing internal investigations.
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Background Checks: Stepped-Up Enforcement of FCRA

August 9, 2012 | Blog | By Martha Zackin

By this time, most employers realize that the Fair Credit Reporting Act governs all types of employment-related background checks, not just credit checks.
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Morbid Obesity as a Covered Disability under the ADA

July 27, 2012 | Blog | By Martha Zackin

Almost two years ago, we wrote that the EEOC had filed its first-ever lawsuit asserting that “severe” obesity was a protectable disability under the ADA. That case, EEOC v. Resources for Human Development, Inc., provided little guidance to employers about where the EEOC would draw the line on when obesity is “severe” enough to constitute an ADA-protected disability.
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Noncompete Agreements: New NH Law Restricts Enforcement

July 24, 2012 | Blog | By Martha Zackin

New Hampshire became the latest state to enact a law pertaining to noncompete agreements.
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The Affordable Care Act, Stand-Alone Health Reimbursement Accounts, and the Prospects for Consumer-Driven Health Plans

July 17, 2012 | Blog | By Martha Zackin

Employers are increasingly looking to consumer-driven health plans (CDHPs) in an effort to control health insurance costs. CDHPs generally combine a high-deductible health plan with a tax-advantaged account, such as health reimbursement arrangement (HRA), that enrollees can use to pay for otherwise uninsured health care expenses.
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The Next (Big) Affordable Care Act Argument--and How it Impacts Employers and Employer-Sponsored Group Health Plans

July 11, 2012 | Blog | By Martha Zackin

In a July 7 article entitled Brawling Over HealthCare Moves to Rules on Exchanges, The New York Times reported on a brewing challenge to tax credit provisions of the Affordable Care Act that will affect both employers and individuals.
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DOL Publishes New Employees' Guide to the FMLA

July 6, 2012 | Blog | By Martha Zackin

Recently, the U.S. Department of Labor released a user-friendly Employees' Guide to the Family and Medical Leave Act. The guide is targeted at employees, but may also serve as a helpful tool for employers looking for an efficient summary of the law.
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New York Close to Amending its Wage Deduction Law (Section 193)

June 27, 2012 | Blog | By Martha Zackin

New York employers will be pleased to know that Governor Cuomo is expected to sign a bill passed last week amending New York’s Wage Deduction law (Section 193) to permit employers to deduct certain amounts from employee wages to recover wage overpayments and for the repayment of employer loans.
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E-Verify: Pros and Cons of Extra Government Scrutiny

June 26, 2012 | Blog | By Martha Zackin

Susan Cohen, Chair of Mintz Levin’s Immigration Section, was recently quoted in the Bloomberg BNA Daily Labor Report article AILA Panel Weighs Pros, Cons to Employers Of Extra Government Scrutiny Under E-Verify.
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NLRB Told to Follow its Precedent or Explain Why

June 25, 2012 | Blog | By Martha Zackin

The United States Court of Appeals for the District of Columbia Circuit recently joined other courts in reining in the efforts of federal agencies to legislate by administrative action.
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NLRB Issues Third Report Concerning Social Media

May 31, 2012 | Blog | By Martha Zackin

On May 30, 2012, the National Labor Relations Board (NLRB or the Board) Acting General Counsel issued a press release announcing publication of its report on social media, in which it examined seven cases involving policies governing the use of social media by employees. For information pertaining to the earlier two reports.
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Termination of Employee Based on her Marriage to an Undocumented Alien Does Not Violate Title VII

May 30, 2012 | Blog | By Martha Zackin

In 2011, the United States Supreme Court held in Thompson v. North American Stainless that an employer may violate Title VII by retaliating against an employee who is related to a worker engaged in conduct protected by Title VII—even if the employee himself neither raised a claim of discrimination nor engaged in any protected conduct.
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No Expectation of Privacy in Emails Sent Over Employer's Email Account, Massachusetts Court Decides

May 21, 2012 | Blog | By Martha Zackin

Does an employer invade an employee’s privacy by accessing and reviewing the employee’s email? A recent Massachusetts Superior Court decision, Falmouth Firefighters Union v. Town of Falmouth, answers “no.”
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Hidden Problems within Sabbaticals and Other Professional Leave Programs

May 15, 2012 | Blog | By Martha Zackin

My colleague, Tyrone P. Thomas, recently published an interesting article in a newsletter National Bar Association newsletter, the Labor and Employment Times.  As beneficial as these programs may be, both to the employee and the employer, a poorly designed and managed professional leave program can create preventable legal, tax, and financial issues.
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NLRB's Plan: Expand labor's influence

May 9, 2012 | Blog | By Martha Zackin

My colleague, Don Schroeder, recently published an article in the Westlaw Journal of Employment.  In this article, Don examines recent National Labor Relations Board decisions and discusses  NLRB trends that may affect employers and employees.
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EEOC Issues Enforcement Guidance on Employers' Use of Arrest and Conviction Records

April 25, 2012 | Blog | By Martha Zackin

According to a press release issued today, the EEOC has issued an updated Enforcement Guidance, relating to the use of arrest and conviction records in making employment decisions under Title VII of the Civil Rights Act of 1964.
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Pay for the Chief: The Shareholders Speak Out

April 24, 2012 | Blog | By Martha Zackin

On April 18, 55% of Citibank’s voting shareholders refused to approve the compensation plan for Citibank’s top five executives, including its Chief Executive Officer.
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