Employment

Recently, the EEOC filed a lawsuit against Hire Dynamics, a staffing firm (click here for the EEOC press release).  According to the complaint, after a Hire Dynamics employee filed a charge of discrimination against one of its clients, the staffing firm retaliated by failing to give the employee any further job assignments or opportunities.

Does a “make whole” offer of judgment to the lead plaintiff in a wage and hour collective action put an end to the case?  According to the US Supreme Court, the answer is “yes”- at least on the specific facts of the case before it.

A significant recent Seventh Circuit decision, written by noted Judge Richard Posner, affirmed decertification of an FLSA collective action, essentially on the ground that the collective action could not satisfy the predominance standard under Fed. R. Civ. P. 23(b)(3).  You read that correctly.

Rutgers University announced its termination of the employment of men’s basketball coach Mike Rice. The firing occurred after a media frenzy from the release of video of practices in which Mr. Rice was observed shoving players, throwing balls at them, and using gay slurs.

In October 2012, we told you about the case of Eagle v. Edcomm, Inc. pertaining to whether an employee’s LinkedIn account belongs to the employee (Linda Eagle) or to her employer (Edcomm).

New York City employers beware: The New York City Council has once again acted to expand the nation’s broadest anti-discrimination law — this time to prohibit discrimination against New York City’s unemployed.

As we predicted in an earlier blog post, Mayor Michael Bloomberg has vetoed legislation aimed at prohibiting discrimination against New York City’s unemployed.

February 6, 2013 was the 20th anniversary of the signing of the Family and Medical Leave Act. In celebration, the United States Department of Labor released the results of a survey on the law’s use and impact.

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently released final regulations1 containing modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules (Omnibus Rule).

New York City employers beware: The New York City Council has once again acted to expand the nation’s broadest anti-discrimination law – this time to prohibit discrimination against New York City’s unemployed.

As 2014 rapidly approaches, employers of all sizes and all industries are working hard to avoid the Affordable Care Act’s (the “Act”) Employer Mandate, now appearing in the Internal Revenue Code, Section 4980H.

In a set of Frequently Asked Questions1 (FAQs) posted to the Department of Labor’s website on January 24, the Departments of Health and Human Services, Labor, and Treasury (the “Departments”) put a stop to an approach to health plan design under which employers furnish employees with a pre-determined dollar amount (a “defined contribution”) that employees can apply toward the purchase of health insurance coverage in the individual health insurance market.

On January 4 and 14, we blogged about the American Taxpayer Relief Act of 2012’s (ATRA) increases in the pre-tax contribution that commuters may make towards van pools as well as transit passes.

Employment lawyers anticipate that employers’ social media policies and their use of independent contractors will be hot button issues in the New Year, much like they were in 2012. Recently Mintz Levin’s Mitch Danzig spoke about social media, independent contractors, and the law with George Chamberlin, executive editor of the Daily Transcript in San Diego, CA.

Beginning in 2014, the Patient Protection and Affordable Care Act (Act) requires “applicable large employers” (i.e., employers with 50 or more full-time equivalent employees) to either offer group health insurance coverage to their full-time employees or (potentially) pay a fine.

Employment lawyers anticipate that employers’ social media policies and their use of independent contractors will be hot button issues in the New Year, much like they were in 2012.

On January 4, we blogged about the American Taxpayer Relief Act of 2012’s (the “Act”) increases in the pre-tax contribution that commuters may make towards van pools as well as transit passes. On January 11, 2013, the IRS released Revenue Procedure 2013-15, which clarifies that the 2013 limit for van pools and transit passes is $245, effective January 1, 2013.

On Tuesday, January 8, 2013, the Patrick administration proposed legislation that will repeal the Massachusetts Fair Share Law effective June 30, 2013. In effect since 2006, the Fair Share Law requires companies with Massachusetts employees to either provide compliant medical coverage to full time employees, or pay a penalty of $295 per year per employee.

On Tuesday, January 8, 2013, the Deval Patrick administration filed An Act to Support Employers in the Commonwealth. This new legislation, if enacted, will repeal the Fair Share Contribution program effective June 30, 2013.

Christmas came a few days early for Iowan employers, when the Iowa Supreme Court ruled that a male employer 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.