Employment

On June 26, 2013, in United States v. Windsor,1 the Supreme Court held that section 3 of the Defense of Marriage Act (DOMA) is unconstitutional.

Our colleague, Alden Bianchi, discusses recently-issued Treasury/IRS guidance regarding the impact of the Supreme Court's Windsor decision on claims for FICA refunds or credits here.

Last Friday, the IRS provided guidance on ways for employers to reduce or eliminate the employer contribution to a safe harbor 401(k) plan mid-year, guidance which employers looking to enhance their bottom lines will welcome with open arms.

In the world of private equity, vast sums of money are raised by private investors who pool their money into collective funds in order to acquire companies, i.e., a “portfolio company”, with the goal of eventually flipping the portfolio company at a significant profit.

As reported last month, effective January 30, 2014, the New York City Human Rights Law will require employers to provide reasonable accommodations to pregnant workers.

A divided panel of the United States Court of Appeals for the Fourth Circuit took the unusual step of reversing an arbitrator’s award in favor of an ex-employee, finding that the arbitrator’s award was in “manifest disregard” of the law.

While the Boston Red Sox celebrate their first World Series clinched at Fenway Park in 95 years, two teams that missed the playoffs are making headlines for their pay off the field.

On October 29, 2013, the Massachusetts Connector released Bulletin 03-13, which sets forth a significant course change in the Commonwealth’s cafeteria plan, HIRD, and free rider surcharge rules.

The enforceability of employment-related arbitration agreements has been a hot-button issue these past couple of years.

Around this time of year, employers who offer medical and other welfare plans to their employees find themselves swimming in an alphabet soup of year-end and open enrollment notice and disclosure requirements: WHCRA, CHIPRA, ERISA SBC, SPD, SMM, and SAR to name a few. Our clients often come to us with questions about “best practice” document distribution options.

The EEOC identifies “eliminating barriers in recruitment and hiring” among its top six priorities for fiscal years 2013 through 2016, which likely portends an increase in investigations and litigation directed at staffing firms for which recruitment and hiring are bread and butter.

In a Twitter world of brief news updates, the NCAA’s tweet at 6:55 AM on October 22nd was blunt, but not unexpected – “Miami failed to monitor activities of a major booster, resulting in a decade of violations.”

Click here to watch our colleague, Bridget Rohde, a member in Mintz's Litigation practice, discuss corporate criminal liability for the actions of employees and how companies can protect themselves.

On October 21, 2013, Jersey City Mayor Steven Fulop signed into law the Paid Sick Time Ordinance requiring private sector Jersey City employers with 10 or more employees to provide up to five days of paid sick leave per year to those employees.

The Second Circuit Court of Appeals recently issued two opinions each holding that class action waivers may be enforced by employers in cases brought under the Fair Labor Standards Act (FLSA).

Last week we reported on a decision out of a New York federal district court refusing to extend the protections of the New York City anti-discrimination law to unpaid interns. That decision also confirmed that neither the federal nor New York State anti-discrimination laws protected unpaid interns either.

In addition to imposing substantive requirements on health insurance issuers in the group and individual markets and employer-sponsored group health plans, the Patient Protection and Affordable Care Act (Act) imposes three notice requirements that are of particular interest to employers.

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.

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.

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.