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Fourth Circuit Court of Appeals Takes Rare Step of Vacating Arbitrator’s Award, Saving Employer $400,000
November 1, 2013 | Blog | By David Barmak
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.
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Crying Foul: DOL Investigates Two Major League Baseball Team’s Pay Practices
October 31, 2013 | Blog
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.
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The California Supreme Court Tackles The U.S. Supreme Court’s Decision in Concepcion – Still Finds Wiggle Room For California Courts, But Holds Administrative Wage Claims Are Arbitrable
October 24, 2013 | Blog
The enforceability of employment-related arbitration agreements has been a hot-button issue these past couple of years.
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Year End Employee Benefits Highlight: Good Plan Document Distribution Practices for Health and Welfare Plans
October 24, 2013 | Blog
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.
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EEOC Priorities May Place Staffing Firms Under Greater Scrutiny
October 24, 2013 | Blog
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.
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NCAA Gives Deference To The U – How Sanctions Against Miami May Affect Future Investigations
October 23, 2013 | Blog
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.”
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Protecting an Employer From Corporate Criminal Liability for the Actions of Employees
October 23, 2013 | Blog
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.
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Paid Sick Leave Comes to New Jersey’s Second Largest City – Jersey City; is Newark, its Largest City Next?
October 23, 2013 | Blog
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.
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Unpaid Interns One Step Closer to Receiving Protection Against Discrimination in New York
October 22, 2013 | Blog
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.
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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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