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Employer Win in California – Say What??? Stress From Working Under Particular Supervisor is Not a Disability

August 11, 2015 | Blog | By George Patterson

Over the course of a career many workers experience the displeasure of dealing with a difficult supervisor — the type of individual whose mere presence in the workplace is a source of dread and whose name inspires feelings of fear and loathing whenever it appears on a subordinate’s caller ID or the sender line of an email.
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First Circuit Says Plaintiffs Cannot Prevail on Location-Based Discrimination Claims Based on a Disparate Impact Theory

August 10, 2015 | Blog | By Dan Long

Recently, the First Circuit Court of Appeals held that former employees of a FEMA call center could not proceed in their Title VII location-based disparate impact and retaliation claims against the agency.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 4 of 24): Highlights from the Draft 2015 Instructions for Forms 1094-C and 1095-C

August 10, 2015 | Blog

The IRS recently issued draft 2015 Instructions for Forms 1094-C and 1095-C (“2015 Instructions”).
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SEC Finalizes the CEO Pay Ratio Rule – Additional Executive Compensation Disclosure for Public Companies Beginning in 2017

August 7, 2015 | Blog

Our colleague, Pam Greene, wrote an excellent post on our sister blog, Securities Matters, on the SEC's final rule requiring public companies to disclose the ratio of their CEO"s annual total compensation to that of the median annual total compensation of all company employees.
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Massachusetts State Court Holds Employee Cannot Recover Treble Damages on Late Wage Payments

August 7, 2015 | Blog

Can an employer escape a treble damage award under the Massachusetts Wage Act where it makes a late payment of final wages to a fired employee after the employee filed a wage complaint with the state Attorney General but before the employee filed a complaint with the court?  That is the question which a Massachusetts Superior Court recently answered in the affirmative.
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Corporate Divorce Series: The Courtship of Employment Negotiation

August 7, 2015 | Blog | By Jennifer Rubin

Yes I realize that had my Corporate Divorce series progressed in a linear way, I would have started with The Courtship instead of The Break Up, but employment law metaphors are sometimes unpredictable. In my defense, I note that if you end up in divorce, you must have started with marriage, so there is a certain logic to this after all.
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More Paid Sick Leave on the Horizon? Draft Executive Order Calls for Paid Sick Leave for Federal Contractors and Subcontractors.

August 6, 2015 | Blog | By Erin Horton

The New York Times reported yesterday that it received a draft executive order marked “pre-decisional and deliberative,” which contemplates granting a minimum of 56 hours of paid sick leave per year to employees of federal contractors and subcontractors.
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Court Enforces Arbitration Agreement, Requiring Employees to Arbitrate Whistleblower Claims

August 5, 2015 | Blog | By David Barmak

We have frequently written about the increasing likelihood that courts will enforce arbitration agreements to resolve a broad range of issues arising out of the employment relationship.
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Can We Have Two Minutes of Your Time? ABA Blawg 100 Amici Nominations Due Aug. 16

August 5, 2015 | Blog | By David Barmak

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.  These rankings are based on overall traffic so we absolutely could not have done this without our readers (that’s you!).
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers: The Basics (Part 3 of 24)

August 4, 2015 | Blog

Alden Bianchi, Chair of Mintz Levin’s Employee Benefits & Executive Compensation Practice, will provide a weekly installment on the complex reporting obligations outlined by the Affordable Care Act for health insurance carriers and employers. In this 24-week series, Alden will explain key requirements as he counts down to the January 2016 ACA reporting deadlines.
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California Sick Leave Amendments Offer (Some) Needed Clarity for Employers

July 30, 2015 | Blog | By Brent Douglas

The California paid sick leave law provided a significant boon to employees not included under employers’ sick leave or paid time off policies, but it often created more questions than answers for companies. How do we calculate one hour of paid sick leave for salaried employees?
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Paying the Price for I-9 Non-compliance

July 30, 2015 | Blog | By David Barmak

If you're an employer and not following our Immigration Law blog, you should be. On it, one of my colleagues, Lisa Redepenning, has recently reported on a case in which an employer was penalized more than $600,000 for failing to  properly examine and document its employees’ identity and immigration status.
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Mintz Alumni Profile — Flora Feng, Senior Director & Legal Counsel, Asia Pacific Region, PepsiCo

July 30, 2015 | Blog | By David Barmak

Narges Kakalia, a member in the litigation section in our New York office, recently sat down with Mintz alumna Flora Feng, Senior Director & Legal Counsel, Asia Pacific Region for PepsiCo to discuss career transitions, the cultural differences of working in Thailand, and work-life balance.
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NLRB Removes Blanket Exemption on Mandatory Disclosure for Witness Statements. What’s an Employer To Do?

July 28, 2015 | Blog | By Erin Horton

The NLRB recently reversed 37 years of precedent in deciding to adopt a new standard for a union’s access to witness statements taken in pre-grievance arbitration employer investigations.
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Employing Minors Requires Attention to Laws (SHRM)

July 27, 2015 | Blog | By David Barmak

My colleague Bret Cohen was quoted in a Society for Human Resource Management (SHRM) Online article entitled, “Employing Minors Requires Attention to Laws” (membership required), addressing some of the constraints that apply to the hiring of minors.
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The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 2 of 24): Yikes! The Costs of Failing to Comply Just Doubled

July 27, 2015 | Blog

Alden Bianchi, Chair of Mintz Levin's Employee Benefits & Executive Compensation Practice, will provide a weekly installment on the complex reporting obligations outlined by the Affordable Care Act for health insurance carriers and employers. In this 24-week series, Alden will explain key requirements as he counts down to the January 2016 ACA reporting deadlines.
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New York Becomes First State to Raise Minimum Wage to $15 ... For Fast Food Workers

July 23, 2015 | Blog

A panel appointed by New York Governor Andrew Cuomo recommended a minimum hourly wage increase to $15 for fast food service workers on Wednesday.
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Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

July 23, 2015 | Blog

A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information.  The case is important because it limits an employer’s ability to defend against such claims based on their workers’ potential illegal immigration status.
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EEOC Rules that “Sex” Encompasses Sexual Orientation Under Title VII; Ruling Helpful to LGBT Employees, But Not an End to the Debate

July 22, 2015 | Blog | By Brent Douglas

In a sweeping decision, the U.S. Equal Employment Opportunity Commission found that Title VII prohibits sexual orientation-based discrimination.
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Corporate Divorce: Is Unemployment Like Alimony?

July 21, 2015 | Blog | By Jennifer Rubin

In my last article I promised to examine as part of my Corporate Divorce Series whether alimony (though the politically correct term these days is “spousal support”) is like unemployment (I’m pretty sure it is still acceptable to use that term).
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