Practices

Employment, Labor & Benefits

We understand your business.

Read our blog - Employment MattersEmployee-related issues can steal time and drain energy from progress towards achieving your business goals. Mintz Levin’s Employment, Labor and Benefits attorneys focus on providing clients with a consolidated approach to their complex human resource and employment law issues. By working together, our team brings diverse capabilities to help you maximize one of your most important assets— your employees—while minimizing risks.

From recent legal developments to current trends in employment and compensation practices, we provide clients with informed advice that can help you resolve thorny issues and get you back on track. The counseling and advice we provide, and programs we help you implement, reflect the best practices in dealing with an ever-changing, and challenging, landscape of statutes, regulations and court decisions.

At the same time, we understand that one size does not fit all. We learn about each client’s business and culture so that we can help with strategies, practices, and policies that best fit your unique needs and style. Often the best results—based on this acquired knowledge—are invisible; for example, in many cases a dispute is averted because a successful strategy or best practice is devised and implemented early on. 

Mintz Levin’s clients represent a broad cross-section of the business community, encompassing a wide spectrum of industries including manufacturing, retail and consumer products, high tech, energy and clean technology, life sciences, healthcare, education, hospitality, financial services, construction, immigration, and professional services.

Cost-effective service to employers.

Because disputes can be expensive, we put a premium on helping clients resolve disputes quickly and cost effectively through practical and creative solutions. If a dispute reaches litigation, winning early and decisively can translate into saving thousands of dollars and dozens of hours in management time. Some matters on which we regularly assist clients include:

  • Assessing and mitigating risks, including those relating to wage/hour and discrimination laws.
  • Drafting HR policies and procedures such as those relating to discrimination and harassment, leaves of absence, drug and alcohol testing, medical examinations, workplace conduct, progressive discipline and dispute resolution, and other policies that protect your business prerogatives without creating unintended legal rights for employees.
  • Providing advice on all phases of the employment “life cycle,” including recruiting, hiring, promotion, discipline, termination, and benefit entitlements.
  • Preparing and maintaining qualified and other retirement, welfare and other benefit plans and programs
  • Implementing equity and other compensation arrangements.
  • Drafting critical employment documents such as employment agreements, offer letters, and confidentiality, non-compete, and separation agreements.
  • Representing employers in union matters, including union avoidance, collective-bargaining negotiations, disputes before the NLRB, and contract administration.
  • Enforcing non-compete restrictions and trade secret protections.
  • Employment, labor, and benefits-related due diligence for transactions.
  • Responding to Department of Labor, EEOC, OSHA and other government agency inquiries and investigations.
  • Defending discrimination, wage hour and other allegations by employees.

Available audits, training and other programs

  • Wage-Hour and other Employment Practices Audits, which identify, assess, and help minimize employment practices risks.
  • Dispute Resolution Policy design and implementation, which maximizes the use of conciliation, mediation, and arbitration, and minimizes the costs and risks associated with jury trials.
  • HR Basics training that focuses on the legal nuts and bolts of becoming an employer during your start-up phase.
  • Professionalism in the Workplace program, which trains all employees to avoid workplace conduct fraught with risks, including harassment and discrimination, and teaches management and supervisory personnel how to deal with complaints.
  • Breakfast briefings and other seminars on new developments and timely topics to keep you and your HR management current with the law.

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Publications

Employment, Labor & Benefits Alert: Unpaid Intern: The Unpaid Employee?

2/9/2012



Employment, Labor & Benefits Advisory: IRS Issues Additional Guidance under the Affordable Care Act on Informational Reporting to Employees of the Cost of Group Health Insurance Coverage

2/3/2012



Employment, Labor & Benefits Advisory: District Court Decision Rejects Associational Discrimination Claims under Chapter 151B

1/31/2012



Employment, Labor & Benefits Alert: Massachusetts State Senate Recommends Passage of Bill Providing Leave to Victims of Domestic Violence

1/13/2012



California's New Forced Labor Disclosure Law: Empowering Consumers While Burdening Supply Chain

1/11/2012
Mitch Danzig and Eric Eastham
Supply & Demand Chain Executive

1st Circ. Mulls Big Dig Realtor's Retaliation Suit

1/10/2012

Law360

Face It: Parting is Such Tweet Sorrow

12/31/2011

Workforce Management: Work in Progress Blog

Outgoing UMDNJ President to Continue Earning $380K Salary as a Consultant, Records Reveal

12/30/2011

The Star Ledger

Employment, Labor & Benefits / Health Law Advisory: Department of Health and Human Services Issues Bulletin Outlining Essential Health Benefits, Granting Significant Flexibility to the States

12/29/2011



Employment, Labor & Benefits Alert: New York Appellate Court Defines Summary Judgment Standard for New York City Human Rights Law Claims

12/27/2011



Noncompete Litigation Picks Up as the Economy Improves

12/23/2011

Boston Business Journal

Job Law: Case by Case, a Look at Decisions and Their Impact

12/23/2011

Boston Business Journal

Employment, Labor & Benefits Alert: California’s New Wage Theft Protection Act: Happy New Year to California Employers

12/15/2011



Employment, Labor & Benefits Alert: The New York Wage Theft Prevention Act’s Annual Pay Notice Deadline Is Just Around the Corner

12/13/2011



Sexual Harassment Remains Major Workplace Problem

12/11/2011

Business Insurance

Employment, Labor & Benefits Advisory: Massachusetts Wage Act Protects Out-of-State Employees

12/2/2011



Employment, Labor & Benefits Advisory: Battle of the Comments under Code § 36B

11/28/2011



Personnel Records Law poses Continuing Challenges

11/23/2011

Massachusetts Lawyers Weekly

Employment, Labor & Benefits Alert: New Jersey Employment Law Alert: Employers Must Immediately Post and Distribute Record-keeping Notice

11/17/2011



Employment, Labor & Benefits Advisory: Treasury/IRS Propose Safe Harbor under Affordable Care Act’s Employer Responsibility Rule for Determining “Household Income”

10/6/2011



Employment, Labor & Benefits Alert: Social Network Warning – Employers Should Use Caution in Disciplining Employees for On-line Statements

9/26/2011



Congress Goes Too Far With Bill to Curb NLRB, Attnys Say

9/19/2011

Law360

Franchise Alert: Massachusetts Supreme Judicial Court Affirms Lower Court Ruling in Favor of Employees Misclassified as Franchisees/Independent Contractors

9/13/2011



Employment, Labor & Benefits Advisory: State of New York Forms Task Force Targeting Excessive Compensation at Nonprofits

9/9/2011



Employment, Labor & Benefits Alert: NLRB Requires Non-Union Employers to Post Unionization Rights Notices

9/7/2011



Employment, Labor & Benefits Advisory: Labor, Health and Human Services, and Treasury Departments Issue Proposed Regulations Implementing the “Summary of Benefits and Coverage” Requirement under the Affordable Care Act

9/6/2011



5 Reasons Employers Should Keep Domestic Partner Benefits

8/30/2011

Law360

Employment, Labor & Benefits Advisory: Treasury Department Proposes Rule Implementing Premium Tax Credits Under the Affordable Care Act

8/17/2011



Marital Difficulties

8/12/2011

Inside Higher Ed

Employment, Labor & Benefits Alert: Beware of Broad Confidentiality Clauses in Employment Contracts—And the Expanding Application of the National Labor Relations Act

8/12/2011



An Employee Benefits View of Same-Sex Marriage in NY

8/11/2011
Alden J. Bianchi
Law360

Attnys See Lessons in NLRB Social Media Stats

8/8/2011

Law360

Computer Scrubbing and Data Theft: It's Dirty Business if Employers Are Not Prepared

8/2011
Mitch Danzig and Brandon Willenberg
Workforce Management

Making Sure Employees Beat the Heat

7/29/2011

The Wall Street Journal

Employment, Labor & Benefits Advisory: DOL, HHS and IRS Issue Amendments to Rules Relating to Internal Claims and Appeals and External Review Processes under the Affordable Care Act

7/19/2011



Target's Honeymoon Could Be Over

7/14/2011

Associated Press

Employment, Labor & Benefits Alert: Warning: ERISA “Plan Assets” May Be Involved

7/12/2011



Employment, Labor & Benefits Alert: Two Recent Massachusetts Cases Support an Employer’s Ability to Enforce Noncompete Agreements

7/6/2011



EEOC ADAAA Regulations Significantly Expand ADA Coverage, Impacting All Employers

7/5/2011
H. Andrew Matzkin and Paula A. Lyons
Bloomberg Law Reports: Labor & Employment

Paid Sick Leave Act Poses Some Challenges

6/20/2011
Jennifer B. Rubin
Hartford Business Journal

Deal Points: The Management Team

6/20/2011
Andrew J. Bernstein, David R. Lagasse and Jessica W. Catlow
Bloomberg Law Reports: Labor & Employment

Target Faces Much-Watched Union Vote in New York

6/17/2011

Associated Press

Employment, Labor & Benefits Advisory: Non-Profit Organizations and Government Entities Prepare for New Regulations for "Golden Handcuff" Plans Under Section 457(f) of the Internal Revenue Code

6/15/2011



Employment Alert: Connecticut to Require Many Employers to Offer Paid Sick Leave

6/10/2011



Teen Workers: Labor or Liability?

6/1/2011

Thomson Reuters Employment Alert

Social Media: HR Friend or Foe?

5/31/2011
Richard H. Block and Jessica W. Catlow
Law360

Employment, Labor & Benefits Alert: EEOC ADAAA Regulations Significantly Expand ADA Coverage, Impacting all Employers

5/24/2011



Ex-College Chiefs Stay Paid

5/15/2011

Atlanta Journal-Constitution

Employment, Labor & Benefits Advisory: Comments Requested on PPACA Employer Mandates

5/13/2011



GPs Navigate the Complex Waters of Equity Compensation

5/1/2011

Dow Jones Private Equity Analyst

Employment, Labor & Benefits Alert: The New York State Department of Labor Releases New York Wage Theft Prevention Act Pay Notice Templates and Other Guidance

4/8/2011



The Thorny Problem of BlackBerrys

4/7/2011
Andrew J. Bernstein and Jessica W, Catlow
Law360

Employment, Labor & Benefits Advisory: First Circuit Case Provides Useful Guidance for Employers to Fashion Appropriate Discipline for Title VII Coworker Harassment

4/7/2011



Employment, Labor & Benefits Advisory: U.S. Department of Labor Issues Sixth Set of Frequently Asked Questions under the Patient Protection and Affordable Care Act

4/6/2011



Employment, Labor & Benefits Alert: IRS Issues Guidance on W-2 Reporting of Health Care Costs

4/5/2011



OSHA Advisory: Statute of Limitations Extended for Recordkeeping Violations

3/31/2011



Employment, Labor & Benefits Alert: Supreme Court Expands Antiretaliation Protection

3/23/2011



Employment, Labor & Benefits Alert: Two Recent Cases Expand the Scope of Potential Discrimination/Retaliation Claims Based on an Employee’s Relationship with Others

2/11/2011



4 Compensation Mistakes Made By Startups

2/7/2011
David R. Lagasse
Law360

Mills Among Lowest-Paid NESCAC Presidents

2/4/2011

The Bowdoin Orient

Employment, Labor and Benefits Alert: Privacy Implications of Employment Background Checks: U.S. Supreme Court Rules for Employers

1/26/2011



Employment Law Alert: Favorable Ruling for California Employers

1/25/2011



Stockton College President Saatkamp Requests Early Payout of $176,000 in Bonus Money

1/24/2011

The Press of Atlantic City

Webinar: Export Licenses - What you need to know for compliance

1/20/2011



Webinar: Practical Tips and Strategies for Public Companies Navigating the New “Say on Pay” Regime — Are You Ready?

1/19/2011



Employment, Labor and Benefits Alert: IRS Delays Enforcement of the Insured Group Health Plan Nondiscrimination under the Patient Protection and Affordable Care Act

1/13/2011



Employee Benefits Advisory: Departments of Labor and Health and Human Services Issue Joint Guidance under the Affordable Care Act and MHPAEA

12/29/2010



Employment Alert: Recent Amendments to the New York Labor Law Enhance Employer Wage Notice Requirements and Impose Steeper Penalties for Failure to Pay Wages

12/21/2010



Employment, Labor and Benefits Advisory: EEOC Issues Final GINA Title II Regulations

11/29/2010



Employment, Labor and Benefits Alert: Don’t Shoot the Messenger: Another Court Cautions against Retaliating against Employees Who Report Data Security Concerns

11/23/2010



Employment, Labor and Benefits Alert: Facebook Status Update: Protected Activity

11/17/2010



Employment, Labor and Benefits Advisory: Surviving an Audit of Your Massachusetts Fair Share Contribution Practices

11/8/2010



Health Care Reform Alert: How Health Care Reform Adversely Impacts Executive Health Care and COBRA Subsidy Arrangements

11/2/2010



Massachusetts Health Care Reform - Fair Share Contribution Audit Survival Guide

10/1/2010
Andrew Matzkin and Patricia Moran
Tax Management Compensation Planning Journal

Employment, Labor and Benefits Alert: Massachusetts Law “Bans the Box,” Requiring Many Employers to Change Their Employment Applications by November 4, 2010

9/23/2010



Employment, Labor and Benefits Advisory: Amendment to Massachusetts Personnel Records Law Imposes Significant New Burdens on Employers

9/7/2010



Employment Defense: California Lawyers Companies Turn to First

7/14/2010

The Daily Journal

Employment, Labor and Benefits and Health Law Advisory: Finally! HHS Issues Proposed Rule Implementing Changes to the HIPAA Privacy, Security and Enforcement Rules under HITECH

7/13/2010



Employment, Labor and Benefits Advisory: DOL to Issue New Proposed FMLA Regulations by November

7/13/2010



Employment Alert: Second Circuit’s Novartis Ruling is a Wake-Up Call for Pharma Companies and Others Requiring Overtime Pay for Sales Reps under the FLSA

7/13/2010



Employment, Labor and Benefits Alert: Supreme Court Rules that Private Text Messages Are not Always Private

6/22/2010



Employment, Labor and Benefits Alert: New York Task Force Continues Aggressive Enforcement Against Employers Who Misclassify Their Workers

6/22/2010



Employment, Labor and Benefits Advisory: Hospitals and Medical Service Providers Take Note: You May be Subject to OFCCP Jurisdiction and Not Even Know It

6/21/2010



Health Care Reform Advisory: Departments of Treasury, Labor, and Health and Human Services Publish Interim Final Rules Implementing “Grandfather” Rules under Health Care Reform

6/16/2010



Government Contracts Alert: Department of Labor Issues Final Rule Requiring Federal Contractors to Post Employee Rights

5/27/2010



Health Care Reform Advisory: HHS Issues "Early Retiree Reinsurance Program" Guidance

5/18/2010



Health Care Reform Advisory: Agencies Issue Guidance on Health Care Reform's New Child Coverage Rules

5/13/2010



Employment, Labor and Benefits Advisory: Massachusetts Inches towards Statutory Limitations on Noncompetition Agreements

5/7/2010



Employment, Labor and Benefits Alert: DOL Signals Intent to Increase Oversight of Unpaid Interns

4/29/2010



Employment, Labor and Benefits Advisory: Massachusetts Federal Court Holds Franchisees To Be “Employees” of Franchisor

4/27/2010



OSHA Advisory: D.C. Circuit Upholds OSHA's Authority to Impose Separate Penalties for Each Employee Affected by Violations of Personal Protective Equipment Standards

4/22/2010



Health Care Reform Advisory: The “Employer Responsibilities” Requirement of The Patient Protection and Affordable Care Act: A View from the Weeds

4/22/2010



Employment, Labor and Benefits Alert: Health Care Industry Becomes a Target for Strict FLSA Compliance

4/21/2010



Health Care Reform Alert: Immediate Imputed Income Relief under the New Health Care Reform Law

4/20/2010



Employment, Labor and Benefits Alert: Health Care Reform Amendments to FLSA Require Break Time and Private Place for Nursing Mothers to Express Milk

4/13/2010



Employment Alert: New Jersey Supreme Court Finds Privacy Rights in Employee E-Mails

4/2/2010



Health Law and Employee Benefits Alert: HHS Announces Delay in Enforcement of HITECH Rules as Applied to Business Associates

3/26/2010



Employee Benefits and Executive Compensation Alert:Department of Labor Issues Model CHIP Notice

2/9/2010



Employers Must Be Able to Monitor Electronic Devices They Pay For

2/1/2010
Mitch Danzig
U.S. News & World Report

Employee Benefits and Executive Compensation / Health Law Advisory: Complying with the HIPAA Privacy and Security Mandates under the HITECH Act: A Field Guide for Benefits Brokers and Consultants and other Business Associates

1/20/2010



Workplace Privacy and Attorney-Client Privilege in a World of Electronic Communication

Summer 2010
Jennifer B. Rubin
Connecticut Bar Association Labor and Employment Quarterly

Employee Benefits and Executive Compensation Alert: COBRA Subsidy Extended

12/22/2009



Employment, Labor and Benefits Alert: Ignorance Is Not Bliss: Supervisors May Not Bury Their Heads in the Sand To Avoid Sexual Harassment Liability

12/16/2009



Employment, Labor and Benefits Alert: New York DOL Reverses Course: Employers No Longer Required To Use Its Official Form for New Hires

12/4/2009



Employment, Labor and Benefits Alert: Recent Law Expands FMLA Coverage Relating to Military Caregiver Leave and Qualifying Exigencies

11/11/2009



Employee Mobility Alert: Decision by the United States Court of Appeals for the Second Circuit Allows High-Level Executive To Compete with Former Employer

11/9/2009



Employment, Labor and Benefits Advisory: Genetic Anti-Discrimination Law Becomes Effective on November 21, 2009 and EEOC Issues New EEO Poster

11/6/2009



Health Law / Employee Benefits and Executive Compensation Alert: HHS Issues Interim Final Rule Implementing Civil Penalty Provisions of HITECH Act

11/4/2009



Employment Alert: New York DOL Says that All Employers Must Use Its Official Form for New Hires, Despite Absence of Grant of Such Authority

11/3/2009



Employee Benefits and Executive Compensation / Health Law Advisory: Department of Health and Human Services Issues Proposed Regulation Updating the HIPAA Privacy Rule for Changes under the Genetic Information Nondiscrimination Act of 2008

10/23/2009



Employee Benefits and Executive Compensation / Health Law Advisory: DOL, Treasury and HHS Issue Joint Interim Final Rule under Title I of the Genetic Information Nondiscrimination Act of 2008 (Relating to Group Health Plans and Health Insurance Issuers)

10/16/2009



Employee Benefits Advisory: Massachusetts Division of Health Care Finance and Policy Issues Final Rule Clarifying Application of the Fair Share Contribution Requirement under the Massachusetts Health Care Reform Act

10/16/2009



Employee Mobility Alert: Ends versus Means: Courts Vary in Their Interpretation of Employee Liability under the Computer Fraud and Abuse Act

10/15/2009



Employment Alert: New York's "Faithless Servant" Doctrine Allows Employer To Recoup $7 Million for CEO's Salary and Bonus

10/9/2009



Employee Benefits Advisory: Updated Employers' Guide to the 2006 Massachusetts Health Care Reform Act

9/4/2009



Employment, Labor and Benefits Alert: New York Employers Should Begin Issuing Offer Letters to All New Hires To Comply with Amended Provisions of the New York Labor Law

8/20/2009



Employment, Labor and Benefits/Privacy and Security Alert: Conducting Workplace Surveillance - California Supreme Court Identifies Guidelines for Employers

8/14/2009



Employment, Labor and Benefits | Appellate Alert: U.S. Supreme Court Scores One for Employers in “Mixed-Motives” Age Discrimination Cases

7/6/2009



Employment, Labor and Benefits Alert: U.S. Supreme Court Rules for White Firefighters in Title VII Disparate Treatment Suit

7/1/2009



Employment, Labor and Benefits Alert: Employers Must Provide Paid Leave to New Jersey Employees Effective July 1, 2009

6/23/2009



Employment, Labor and Benefits Advisory: New York Employers Now Have an Alternative to Layoffs during Temporary Declines in Business

6/12/2009



Employment Alert: H1N1 Flu Readiness: A Summary of Employment-Related Concerns

5/6/2009



Employment Alert: Salary Deferral Arrangements May Be Void under Massachusetts Wage Act, Even for Top Executives

4/23/2009



Employee Benefits Alert: IRS Issues New Guidance on COBRA Subsidy

4/7/2009



Employment Alert: Employers May Benefit from Supreme Court Decision Upholding Arbitration Requirements

4/6/2009



Employment Alert: Court of Appeals Ruling Potentially Streamlines Trade Secret Litigation

3/27/2009



Employee Benefits Alert: COBRA Subsidy Update: Model Notices Available

3/20/2009



Employee Benefits Alert: Executive Compensation Significantly Restricted by Economic Stimulus Package

2/19/2009



Employment Alert: The Employee Free Choice Act and the RESPECT Act: How Should Employers Respond?

2/18/2009



Employee Benefits Alert: Economic Stimulus Law Expands and Subsidizes COBRA

2/18/2009



Employment Alert: First Circuit Revisits Faragher-Ellerth Defense and Holds Employer Liable for Harassment, Underscoring Importance of Comprehensive Complaint Procedure and Training Programs

2/13/2009



Employee Benefits Advisory: Treasury Issues Guidelines Concerning Executive Compensation for Recipients of Federal Assistance

2/13/2009



Employment Alert: New York Enacts New Laws Regarding Background Checks and Hiring

2/9/2009



Employment Alert: Consumer Product Safety Improvement Act Creates New Whistleblower Rights Affecting Manufacturers‚ Distributors‚ Private Labelers‚ and Retailers

2/9/2009



Employment Alert: Obama Signs Ledbetter Act; Congress Continues to Debate Paycheck Fairness Act

1/29/2009



Layoffs and Lawsuits

1/26/2009
Bret A. Cohen
In House Legal on LegalTalkNetwork

Retail and Consumer Products Advisory: Selling and Honoring Gift Cards in Bankruptcy

1/16/2009



Employment Alert: New Department of Labor FMLA Regulations Effective Today

1/16/2009



Employee Benefits Advisory: Massachusetts "Fair Share Contribution" Filing Requirements Modified--Again

1/15/2009



Employee Benefits Alert: Offshore Hedge Funds (Among Others) in the Cross-Hairs

1/14/2009



Employment Alert: Massachusetts SJC Holds Employer Liable for Contractual Obligations Created by Policies in an Employee Handbook

12/19/2008



Employee Benefits Advisory: Updated Employers' Guide to the 2006 Mass. Health Care Reform Act

12/17/2008



Employee Benefits Advisory: Massachusetts Health Connector Issues Administrative Bulletin Detailing Actuarial Equivalence for Minimum Creditable Coverage Purposes

12/9/2008



Employee Benefits Alert: New Benefit Available to Bicycle Commuters in 2009

12/5/2008



Employment Alert: Department of Labor Publishes New Rules on FMLA Leave

11/19/2008



Employment Alert: New York State Adopts a More Stringent WARN Act

11/4/2008



Employment Alert: Are Employees Entitled to Time Off from Work to Vote?

11/3/2008



Privacy and Security Alert: When the Clock Strikes Midnight on January 1, 2009, Will Your Information Security Program Be Ready?

10/31/2008



Employee Benefits Alert: Connector Issues Final Regulation Establishing "Minimum Creditable Coverage" under the Massachusetts Health Care Reform Act

10/22/2008



Employee Benefits Alert: November 15, 2008 “Fair Share Contribution” Filing Deadline Approaches

10/21/2008



Employee Benefits Advisory: Ninth Circuit Upholds San Francisco Health Care Ordinance

10/9/2008



Employee Benefits Alert: Connector Issues Final Regulation Establishing "Minimum Creditable Coverage" under the Massachusetts Health Care Reform Act

10/8/2008



Employment Advisory: First Circuit Reinforces Faragher-Ellerth Defense by Refusing to Hold Employer Liable for Unreported Harassment

10/3/2008



Employee Benefits Advisory: Division of Health Care Finance and Policy Issues New Regulation Implementing Fair Share Contribution Requirement

10/3/2008



Employment Alert: President Bush Signs ADA Amendments Act of 2008

10/2/2008



Employee Benefits Alert: Financial Markets Impact ERISA Retirement Plans and Plan Fiduciaries

9/23/2008



Employment Alert: Congress Passes ADA Amendments Act of 2008 and EEOC Issues New ADA Guidance

9/19/2008



Employment Advisory: Employers Are Required to Compensate Employees for Non-Working Hours and Travel Expenses for Medical Treatment Sought under OSHA’s Bloodborne Pathogens Standard

9/16/2008



Employee Benefits Advisory: Recent Developments under the Massachusetts Health Care Reform Act Affecting Employers

8/26/2008



Employment Advisory: EEOC Issues New Compliance Guidance on Religious Discrimination in the Workplace in Response to a Dramatic Increase in Charge

8/11/2008



Employment Alert: DOL Issues Proposed Rules to Update Regulations Issued under the Fair Labor Standards Act

8/7/2008



Employment Advisory: U.S. Department of Labor’s Office of Federal Contract Compliance Programs Unveils New Initiatives for Veterans and Individuals with Disabilities

8/5/2008



Privacy/Employment Advisory: New York Legislation Targets Identity Theft

7/24/2008



Employment Alert: MCAD Commissioner Announces That Male Employees Are Covered by the Massachusetts Maternity Leave Act

6/12/2008



Employment Alert: New Jersey Passes Paid Family Leave Law

6/11/2008



Corporate Governance Advisory: Delaware Court Ruling May Impact Charter-Provided Advancement Rights to Officers and Directors

6/4/2008



Video Podcast: The E-Verify System

5/29/2008



Employee Benefits Advisory: Updated Employer's Guide to the 2006 Mass. Health Care Reform Act

5/19/2008



Employment Alert: Congress Approves Genetic Anti-Discrimination Legislation

5/16/2008



Privacy and Security Alert: The FTC Approves Long-Awaited CAN-SPAM Discretionary Rule

5/13/2008



Employee Benefits Advisory: Section 162(m)

5/7/2008



Employment Alert: Attorney General Issues Advisory Providing Important New Guidance on Massachusetts’ Independent Contractor Law

5/5/2008



Employee Benefits Advisory: Department of Defense Issues Proposed Regulation Implementing the TRICARE Secondary Payer Rule

4/24/2008



Employment Alert: Bill Mandating Treble Damages in Wage and Hour Disputes Becomes Law

4/15/2008



Employee Benefits Advisory: Department of Labor Proposes Safe Harbor for Employee Contributions to Small Plans

3/14/2008



Employment Alert: Department of Labor Amends FMLA and Releases Proposed New FMLA Regulations

2/22/2008



Employment Alert: New Jersey Enacts Mini-WARN Act

2/12/2008



Employee Benefits Advisory: Department of Labor Issues Guidance on 401(k) Plan Fees

1/31/2008



Employee Benefits Advisory: An Employer's Guide to the 2006 Massachusetts Health Care Reform Act

1/23/2008



Employee Benefits Advisory: DOR Issues Guidance Regarding Dependent Group Health Insurance Coverage

1/14/2008



Employee Benefits Advisory: IRS/Treasury Announce Voluntary Correction Program for Operational Code § 409A Violations

1/10/2008



Employment, Labor and Benefits Alert: OSHA Issues Final Rule on Employer-Paid Protective Equipment

12/7/2007



Employee Benefits and Executive Compensation Alert: DHCFP Issues Guidance under Mass. Health Care Reform Act's Fair Share Contribution Requirement on the Treatment of Multiemployer Plans

11/14/2007



Employee Benefits Alert: An Employers' Guide to the 2006 Massachusetts Health Care Reform Act-Updated As of November 12, 2007

11/12/2007



Immigration and Employment, Labor and Benefits Alert: USCIS Issues Revised Employment Eligibility Verification Form I-9

11/9/2007



Employees Benefits and Executive Compensation Alert: Massachusetts Division of Unemployment Assistance Issues Filing Instructions on the Fair Share Contribution and HIRD Form Requirements

11/8/2007



Employee Benefits and Executive Compensation Advisory: Regulation of "Employee Leasing Companies" under the Fair Share Contribution Requirement of the Massachusetts Health Care Reform Act

10/3/2007



Employee Benefits Advisory: Updated Employers' Guide to the 2006 Mass. Health Care Reform Act

9/25/2007



Employee Benefits Alert: Half a Loaf: IRS Provides Limited Relief from Looming IRC § 409A Deadline

9/18/2007



Employment Advisory: EEO Law and Diversity Update--September 2007

9/14/2007



Employee Benefits Alert: Mass. Health Insurance Connector Issues Additional Cafeteria Plan Guidance

9/13/2007



Employee Benefits Advisory: IRS Issues (Comprehensive) Proposed Cafeteria Plan Regulations

8/24/2007



Employee Benefits and Executive Compensation Advisory: Complying with the Massachusetts Cafeteria Plan Requirement

8/21/2007



Employee Benefits and Executive Compensation Alert: An Employers' Guide to the 2006 Massachusetts Health Care Reform Act

8/20/2007



Employee Benefits and Executive Compensation Advisory: DHCFP Issues Emergency Rule

7/18/2007



Employment Labor and Benefits Advisory: Employers Must Pay More in Minimum Wages Starting July 24th

7/16/2007



Employee Benefits and Executive Compensation Advisory: An Employer's Guide to the 2006 Massachusetts Health Care Reform Act

7/9/2007



Employee Benefits and Executive Compensation Alert: Connector Delays Filing Requirement and Clarifies Part-Time Employee and Other Exceptions under the Massachusetts Health Care Reform Act's Section 125 Cafeteria Plan Mandate

6/29/2007



Employee Benefits and Executive Compensation Advisory: DHCFP Issues Emergency Rule Implementing the Massachusetts Health Care Reform Act's HIRD Form Requirement

6/27/2007



Employment, Labor and Benefits Advisory: EEO Law and Diversity Update *

6/21/2007



Employment Labor and Benefits Advisory: U.S. Supreme Court Limits Employees' Ability to Challenge the Discriminatory Effects of Pay Decisions

6/1/2007



Employment, Labor and Benefits Advisory: U.S. Court of Appeals Finds Confidentiality Policy in Employee Handbook Violates National Labor Relations Act

5/15/2007



Employee Benefits and Executive Compensation Advisory: An Employers' Guide to the 2006 Massachusetts Health Care Reform Act

5/15/2007



Faking Diversity, and Other Legal Updates

5/9/2007



Employee Benefits and Executive Compensation Alert: Massachusetts Division of Insurance Issues Notice Implementing the Massachusetts Health Care Reform Act's Insurance Nondiscrimination Rule

4/19/2007



Employee Benefits and Executive Compensation Alert: Treasury and IRS Issue Final 409A Regulations

4/12/2007



Employee Benefits and Executive Compensation Advisory: Connector Issues Proposed Regulation Establishing "Minimum Creditable Coverage" under Massachusetts Health Care Reform Act

4/4/2007



Employee Benefits and Executive Compensation Advisory: Connector Issues Emergency Rule Implementing Cafeteria Plan Requirement under Massachusetts Health Care Reform Act

3/26/2007



Employee Benefits and Executive Compensation Alert: An Employers' Guide to the 2006 Massachusetts Health Care Reform Act

3/1/2007



Employee Benefits and Executive Compensation Alert: Employer Stock Diversification Requirements under the Pension Protection Act of 2006

2/13/2007



Employee Benefits and Executive Compensation Alert: An Employers' Guide to the 2006 Massachusetts Health Care Reform Act

2/6/2007



Employment, Labor and Benefits Alert: Ninth Circuit Reaffirms Need for Employers to Establish and Communicate Electronic Monitoring Policies

2/2/2007



Employee Benefits and Executive Compensation Alert: Changes to 402(f) Notices under the Pension Protection Act of 2006

2/2/2007



Employee, Benefits and Executive Compensation Advisor: RILA v. Maryland, the Massachusetts Health Care Reform Act, and the Future of State Law "Pay-or-Play" Health Insurance Arrangements

1/29/2007



Employment, Labor and Benefits Advisory: First Circuit Adopts Employee-Friendly Standard of Proof for Military Discrimination Claims under USERRA

1/23/2007



Employee Benefits and Executive Compensation Alert: Massachusetts Health Care Reform Breaking News: HIRD Form and Free Rider Surcharge Rules Withdrawn

1/19/2007



Employee Benefits and Executive Compensation Alert: The Massachusetts Health Care Reform Act Update: Effective Dates Pushed Back for HIRD Form Requirement and Insurance Nondiscrimination Rule

1/16/2007



Business and Finance & Employment, Labor and Benefits Alert: Maryland Law Prohibits Printing Social Security Numbers on Paychecks

1/16/2007



Employment, Labor and Benefits Advisory: First Circuit Outlines Requirements for an Employee's Eligibility for FMLA Leave

1/10/2007



Fighting Back Against 'Bullying' in the Workplace

1/5/2007

Massachusetts Lawyers Weekly

Employee Benefits and Executive Compensation Advisory: The Massachusetts Health Care Reform Act: New Rules Governing the Health Insurance Responsibility Disclosure Form Requirement

1/5/2007



Employee Benefits and Executive Compensation Advisory: Guidance Issued on Reporting and Wage Withholding under Code § 409A

12/21/2006



Employment Labor and Benefits Advisory: First Circuit Outlines Requirements for Adverse Action in Failure-to-Hire Claims for Retaliation

12/11/2006



Employee Benefits Advisory: The Impact of Technical Corrections to the Massachusetts Health Care Reform Act on Employers and Employer-Sponsored Group Heath Plans

12/1/2006



Employee Benefits and Executive Compensation Advisory: The Massachusetts Health Care Reform Act's Health Insurance Nondiscrimination Rule

10/31/2006



Employee Benefits and Executive Compensation Advisory: Final Regulations Implementing the Massachusetts Fair Share Premium Contribution Regulations Issued

10/13/2006



Employee Benefits and Executive Compensation Advisory: IRS Extends Code § 409A Transition Period

10/11/2006



Employee Benefits Advisory: The Future of Cash Balance Retirement Plans after Cooper v. IBM and the Pension Protection Act of 2006

8/17/2006



Employment, Labor and Benefits Alert: Supreme Judicial Court Expands Protected Conduct Under Wage Act

8/15/2006



Information Technology Article: Infotech and the Law: Supreme Court expands Title VII Retaliation Claims

8/7/2006



Employee Benefits Advisory: Maryland's Fair Share Health Act Invalidated by Federal Court (And the Possible Consequences for Massachusetts Health Care Reform)

7/28/2006



Employment Labor and Benefits Advisory: Proposed Regulations Affecting Employers Issued under the Massachusetts Health Care Reform Act

7/12/2006



Employment, Labor and Benefits Alert: Supreme Court Decision Leaves Employers More Susceptible to Retaliation Claims

7/10/2006



Employment Alert: Employers May Not Be Required to Pay New York's Spread of Hours Bonus to Employees Paid Wages Sufficiently Above the Minimum Wage

5/4/2006



Employee Benefits Advisory: Sharing the Spotlight with COBRA: Don't Forget about Health Care Continuation Rights under USERRA

4/14/2006



Employee Benefits Alert: March 31 Deadline for Filing Medicare Part D Creditable Coverage Notices with the Centers for Medicare & Medicaid Services

3/31/2006



Employee Benefits Alert: Severance? It's Not What It Used to Be

3/14/2006



Employment Labor and Benefits Advisory: DOL Issues Final Rules Interpreting USERRA

2/15/2006



Employee Benefits Alert: Substantial Risks of Forfeiture - Mintz Levin Deferred Compensation Advisory Series Issue No. 6

2/14/2006



Employee Benefits Alert: Getting to Know (and Love) the Short-Term Deferral Rule-Mintz Levin Deferred Compensation Advisory Series Issue No. 5

1/17/2006



Employment Advisory: OFCCP Issues Final Rule on Internet Applicant Definition

1/11/2006



Employment Advisory: Hours Worked Under FLSA Held to Include Walking Time

1/6/2006



Employment Advisory: EEOC Approves Revisions to EEO-1 Report

1/6/2006



Business and Finance Alert: Important Q&A on the Effect of New Section 409A of the Internal Revenue Code on Stock Options and Other Types of Equity Grants

12/14/2005



Employee Benefits Alert: Mintz Levin Deferred Compensation Advisory Series Issue No. 4

12/5/2005



Employment Alert: DOL Must Approve Waivers of FMLA Right

11/27/2005



Employee Benefits Client Alert: The Basics: Deferred Compensation and Deferred Compensation Plans

11/9/2005



Benefits Alert: Navigating the Code § 409A Transitional Rules

10/25/2005



A Conversation with Ed Cooke: When Mintz Levin tapped him to head up its Labor-Employment Practice, he brought a lot to the table - 13 lawyers to be exact.

10/24/2005



NEWS FLASH - IRS Issues Deferred Compensation Proposed Regulation

10/5/2005



Benefits Article: The Effects of Internal Revenue Code 409A on the Design and Operation of Ineligible Plans of Deferred Compensation of Tax-Exempt Employers.

9/9/2005



Benefits Client Alert: IRS and Treasury Extend the FSA Use-It-Or-Lose-It Rule

5/19/2005



Benefits Advisory: AARP v. EEOC and the Future

4/20/2005



Employment Advisory: United States Supreme Court Extends Disparate-Impact Liability to Age Discrimination Claims

4/7/2005



Employment Advisory: Reasonably Unreasonable - Continued Confusion Regarding Whether a Reduced Schedule Constitutes an Undue Hardship

4/5/2005



Benefits Advisory: An Employer's Guide to the Medicare Part D Outpatient Prescription Drug Benefit-Notices of Creditable Coverage and the Retiree Prescription Drug Subsidy

3/22/2005



Benefits Advisory: Memo to Employers: Time to Pay Attention to 401(k) Plan Governance

3/8/2005



Technology Presentation: Employee Use of Email

3/3/2005



Benefits Advisory: The HIPAA Security Rule: Questions and Answers for Employer Group Health Plans

2/17/2005



Benefits Article: Anatomy of a Paradigm Shift: An Overview of the Deferred Compensation Provisions of the American Jobs Creation Act of 2004

2/4/2005



Benefits Advisory: DOL and IRS Rollover Guidance May Make Involuntary Cash Outs History

1/11/2005



Employee Benefits Client Advisory: Notice 2005-1: IRS Issues Initial Guidance Governing Non-Qualified Deferred Compensation Under Code §409A

1/5/2005



Benefits Advisory: The Impact of the Working Families Tax Relief Act of 2004 on the Definition of Dependent for Employee Benefit Plan Purposes.

12/5/2004



DON'T DEFER: IMMEDIATE ACTION REQUIRED President Bush Signs Into Law the American Jobs Creation Act of 2004 on October 22, 2004

10/25/2004



Benefits Advisory: Valuing and Taxing Employment Based Medical Benefits Provided to Domestic Partners and Same-Sex Spouses

8/15/2004



Benefits Alert: Massachusetts Department of Revenue Issues (Its First) Same Sex Marriage Guidance: Assessing the Impact on Employee Benefit Plans

8/1/2004



Benefits Alert: Davila and the Future of Health Plan Administration

7/15/2004



Benefits Article: Medicare Reform, Health Savings Accounts, and the Future of Consumer Directed Health Care

6/28/2004



Employment Alert: Massachusetts Becomes the Sixth State to Adopt State-Wide Workplace Smoking Ban

6/25/2004



Benefits Advisory: Department of Labor Issues Final COBRA Regulations

6/1/2004



Benefits Alert: Reaching for High-Hanging Fruit, the IRS Issues Guidance on the Interaction of the HSAs with Other Health Arrangements

5/20/2004



LTC Matters: Department of Labor Issues Final Overtime Rule

5/7/2004



Employment Advisory: Employment and Benefits Issues Involving Same-Sex Marriages In Massachusetts

5/5/2004



Employment Alert: Department of Labor Issues Final Overtime Rule.

4/29/2004



Employment Advisory: Potential Liability for Infectious Diseases; Filesharing Liability; Comment Period Over for DoL's Proposed New Overtime Regs, FMLA Ruling and more

11/3/2003



Employment Advisory: 401K Plan Form 5500s, Flex-time, EEOC National Origin Guidance, ADHD Not Always a Disability, and more

5/20/2003



Employment Advisory: Employers' Obligations Regarding Military Reservist Employees

1/1/2003



Employment Advisory: ADA, Arbitration, New HIPAA Regulations, Unemployment Benefits and PEOs

12/1/2002



Litigation Publication: Class Action Newsletter

5/15/2002



Employment Advisory: FMLA Leave, Salary Issues in Failing Companies, Bipolar Disorder as a Disability, and more.

4/1/2002



Federal Employment Labor and Benefits Client Alert: Federal Appeals Court Upholds Application of Weingarten Rights to Non-Union Employees

11/1/2001



Employment Advisory: At Home Employees, Overtime Exemption, Benefits Update and more

9/1/2001



Employment Alert: OSHA Distributes Annual Workplace Safety Surveys

7/1/2001



Employment Advisory: WARN Act, ERISA Preemption, ADA and more

7/1/2001



Employment Alert: Congress Rescinds Ergonomics Regulations

3/1/2001



Employment Alert: IRS Announces Two Year Moratorium on Payroll Tax Withholding on Statutory Stock Options

2/1/2001



Employment Alert: Ergonomics and New DOL Final Regulations on Benefit Claims and Plans

1/1/2001



Employment Advisory: FLSA, FMLA, Electonic Health Information and more

9/1/2000



Employment Alert: Massachusetts Commission Against Discrimination Issues Guidelines on Massachusetts Maternity Leave Act: Guidelines Conflict With Well-Established Practice

5/1/2000



Employment and Immigration Advisory: H1-B Visa Cap, Security, Contract Workers and more

3/1/2000



Resources

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