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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 8 of 24): Reporting Offers of Coverage “On Behalf of Another Entity”

September 9, 2015 | Blog

The Affordable Care Act’s (ACA) employer shared responsibility rules provide applicable large employers (i.e., those with 50 or more full-time and full-time equivalent employees on business days during the preceding calendar year) with a choice: make an offer of group health plan coverage to substantially all of the employer’s full-time employees or pay a non-deductible
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Sony: Stipulation Announces (But Does Not Disclose) Employee Data Breach Class Settlement (Privacy & Security Matters)

September 8, 2015 | Blog

Settlement appears imminent in an employee class action against Sony Pictures Entertainment (“SPE”) arising from disclosure of their personally identifiable information (“PII”) in a massive data breach allegedly perpetrated by North Korean hackers in retaliation for SPE’s release of “The Interview,” a satirical comedy depicting an attempt on the life of North Korean
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Happy Labor Day From Your Friends at Mintz

September 4, 2015 | Blog

Wasn't it just Memorial Day?  We cannot believe that summer is almost over.  We hope that you enjoy your long Labor Day weekend with friends and family, and we look forward to continuing to bring you the latest and greatest in employment law updates during the coming fall season.
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What Does the Latest Uber Decision Mean for Your Gig Business?

September 3, 2015 | Blog | By Jennifer Rubin

If you tuned in to my appearance a few months ago on Bloomberg Law Radio, you heard me bemoaning our legal system’s failure to catch up with the gig economy.
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One Size Fits All? The Case for Unified Employment Policies for Multi-State Employers

September 2, 2015 | Blog | By Jennifer Rubin

One of the questions clients frequently pose to me is how to make employment policies uniform across the different states where their employees work.
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Northwestern Football Players Denied the Right to Unionize by NLRB; What’s Next?

September 1, 2015 | Blog

My colleague, Don Schroeder was quoted in the SHRM article, “Northwestern Football Players’ Unionization Drive Halted” in which he analyzes the significance of the NLRB’s decision to decline to assert jurisdiction over the Northwestern Football Players’ unionization efforts.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 7 of 24): Mergers and Acquisitions

August 31, 2015 | Blog

When it comes to mergers and acquisitions involving at least one applicable large employer (ALE), the substantive rules governing employer shared responsibility (under Internal Revenue Code § 4980H) and the corresponding reporting rules (under Internal Revenue Code § 6056) share at least one thing in common: we don’t yet know how they work.
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NLRB Adopts New Joint Employer Test: Companies That Kind of, Sort of, Maybe Someday Could Exercise Control Over Employees Can Be Joint Employers

August 28, 2015 | Blog | By Erin Horton

The NLRB dropped a major bomb on businesses in subcontracting, franchising, and temporary staffing relationships yesterday, adopting a new—very, very broad—definition of joint employment.
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Ashley Madison Data Dump Creates Risk for Employers

August 28, 2015 | Blog

My colleague Wynter Deagle recently wrote a post on Privacy & Security Matters discussing some implications and lessons from the recent Ashley Madison hack and data dump. It's important to understand the increased risk for employers this data dump created.
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A Pick Off Play Strikes Out at the First Circuit, But There Are More Innings to be Played; the Debate Over Rule 68 Offers of Judgment Continues

August 26, 2015 | Blog | By Kevin McGinty

Sorry, we couldn’t resist mixing our baseball metaphors.  In Bais Yaakov of Spring Valley v. ACT, Inc., the First Circuit affirmed a district court decision refusing to dismiss a putative class action as moot based on an unaccepted offer under FRCP 68 that defendant claimed would provide complete relief to the plaintiff.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 6 of 24): Reporting Group Health Plan Opt-Out Arrangements under Code § 6055

August 24, 2015 | Blog

Under a common strategy for controlling group health care plan costs, employers sometimes adopt arrangements under which an employee is offered cash as an incentive to waive coverage. These arrangements are colloquially referred to as “opt-out plans” or “opt-out arrangements.”
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LGBT Advocates Shift Focus to Anti-Bias Law (The San Diego Daily Transcript)

August 24, 2015 | Blog

My colleague Jennifer Rubin was quoted in The San Diego Daily Transcript article entitled, “LGBT Advocates Shift Focus to Anti-Bias Law” that discussed LGBT supporters’ aim to pass a law offering greater non-discrimination protections.
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It's 2015: Do You Know Where Your Workplace Is? [VIDEO]

August 21, 2015 | Blog | By Jennifer Rubin

Where, when, and how we work has changed profoundly since I started practicing law but employment and privacy laws have not evolved to keep up with technological change and the reality of the “everywhere” workplace.
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No Golden Parachute (Inside Higher Ed)

August 19, 2015 | Blog

My colleague Ray Cotton was quoted in an Inside Higher Ed article entitled, “No Golden Parachute,” which described the University of Illinois controversial decision to reject paying the $400,000 bonus to the departing chancellor Phyllis Wise.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 5 of 24): Reporting of Health Reimbursement Arrangements under Code § 6055 (Spoiler Alert: You Are Not Going to Like This One)

August 19, 2015 | Blog

As we reported last week, the IRS recently issued draft 2015 Instructions for Forms 1094-C and 1095-C. These instructions are of interest to applicable large employers who must report their compliance with the Affordable Care Act’s (ACA) rules governing employer shared responsibility.
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Union Ruling Underlines NCAA’s Evolution (New York Times)

August 19, 2015 | Blog

My colleague Tyrone Thomas was quoted in a New York Times article entitled, “Union Ruling Underlines NCAA’s Evolution” addressing The National Labor Relations Board’s ruling that Northwestern football players could not unionize.
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Third Circuit Joins Sister Courts in Finding Suspension with Pay is not an “Adverse Employment Action” Within Meaning of Discrimination Laws

August 19, 2015 | Blog | By David Katz

In Precia Jones v. SEPTA, the Third Circuit Court of Appeals last week joined six sister courts in finding that a suspension with pay typically does not constitute an “adverse employment action” within the meaning of Title VII and analogous Pennsylvania law.
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NLRB Calls Out the Punt Team and Declines Jurisdiction Over Northwestern University Football Players

August 18, 2015 | Blog

In a mild surprise given the current constitution of the Board (read – majority appointed by President Obama), the NLRB declined to assert jurisdiction in ruling on the petition of Northwestern University’s scholarship football players to unionize.
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7th Circuit Latest Court to Weigh in on Rule 68 Offers of Judgment; Holds That They Don’t Moot a Case; But With Supreme Court Decision Looming Next Term, Precedent May Prove Short-Lived

August 14, 2015 | Blog | By Kevin McGinty

A Seventh Circuit panel recently overruled its own precedent to hold that a defendant’s offer of full compensation in an offer of judgment under Federal Rule of Civil Procedure 68 does not moot the litigation.
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Reminder: ABA Blawg 100 Amici Nominations Due Aug. 16

August 13, 2015 | Blog

We are pleased to report that Employment Matters was recently ranked as the No. 1 Employment Law Blog and the No. 10 overall Legal Blog in LexBlog’s AmLaw 200 Blog Benchmark Report, which you can read here.
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