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2015 Employment Law Issues Tournament: The Championship (and the First-Ever Rendition of "One Shining Lawsuit")

April 7, 2015 | Blog

Sixty-four employment law issues have become just two after an exciting Final Four. Last night, while Wisconsin and Duke played each other in the NCAA championship, the Wage and Hour Collective Actions and the Retaliation Claims faced off in the ELIT championship.
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2015 Employment Law Issues Tournament: Final Four Results and Recap

April 3, 2015 | Blog

“There’s a tradition in tournament play – not to talk about the next step until you’ve climbed the one in front of you.  I’m sure writing a tournament championship blog entry is beyond your wildest dreams, so let’s just keep it right there.”
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2015 Employment Law Issues Tournament: Elite Eight Results and Recaps

April 1, 2015 | Blog

We’re still at it over here.  We can’t stop.  We have tons of clever basketball-employment law-related puns left in our arsenal and we expect to deploy them.
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It’s Not Boilerplate Anymore: SEC Order Serves as Reminder to Carefully Consider Language Used in Employee Confidentiality Agreements and Policies

April 1, 2015 | Blog | By David Barmak

The Securities and Exchange Commission instituted cease and desist proceedings against KBR, Inc. for the purpose of entering an agreed Cease and Desist Order which is likely to affect the drafting of all confidentiality agreements entered into between a company and its employees.
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IRS Releases Final Regulations Clarifying 162(m) Limitation on Compensation

April 1, 2015 | Blog

Section 162(m) of the Internal Revenue Code precludes the deduction by public companies for compensation paid to certain covered employees in excess of $1,000,000 in any taxable year. This limitation on deduction does not apply to performance-based compensation.
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Law360: High Court UPS Ruling Means Changes to EEOC Guidance

March 27, 2015 | Blog

I was quoted in a Law360 article entitled High Court UPS Ruling Means Changes to EEOC Guidance, in which I comment on the significance (or lack thereof) of the U.S. Supreme Court’s Young v. UPS decision where it introduced a new "significant burden" standard in pregnancy discrimination cases.
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U.S. Supreme Court Revives Suit Against UPS, Extending McDonnell-Douglas Burden Shifting Framework to Pregnancy Discrimination Cases

March 26, 2015 | Blog | By Brent Douglas

The U.S. Supreme Court vacated a Fourth Circuit decision Wednesday, reviving a pregnancy bias case against the United Parcel Service brought by a former delivery driver who was denied a light-duty work accommodation while pregnant.
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2015 Employment Law Issues Tournament: Sweet Sixteen Results and Recaps

March 25, 2015 | Blog

The Sweet Sixteen has come and gone and it was glorious.  Streamed live over our new Apple Watches, 16 employment law issues battled it out for the right to move onto the Elite Eight, which will be held next week at Sixth Circuit Stadium in Cincinnati.
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March 23, 2015 Marks the 5th Anniversary of the Affordable Care Act

March 23, 2015 | Blog | By Patricia Moran

On Tuesday, March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act into law. We want to take this opportunity to share with you some highlights of the past five years, and also to thank you for following our updates and insights on this momentous law!
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Upcoming Webinar: Responding to Insider Data Theft and Disclosure – March 25

March 20, 2015 | Blog

The Privacy & Security Matters blog is hosting a monthly webinar series. Last month, Jen Rubin and Gauri Punjabi discussed privacy issues in the workplace.
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Restrictive Covenants: The Employee Choice Doctrine Explained … Yet Again

March 19, 2015 | Blog | By Jennifer Rubin

The “employee choice” doctrine is one of those employment terms that is as misunderstood as “right to work,” “employment at will” and my personal favorite, “labor lawyer”.  But a recent New York Federal court in IBM v Smadi, spelled it out pretty clearly: the employee choice doctrine is alive and well and has just a few simple components.
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2015 Employment Law Issues Tournament: Second Round Results and Recaps

March 19, 2015 | Blog

If you thought the Round of 64 was wild, then wait until you see what happened during the second round.  Let’s just say that some shocking upsets left many a bracket busted wide open.
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D.C. Issues Pay Notice Templates for New Wage Theft Law

March 17, 2015 | Blog | By Frank Hupfl

The D.C. Mayor’s office recently issued employee pay notices templates that employers may use to satisfy the pay notice requirements under D.C.’s new Wage Theft Prevention Amendment Act.
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Workplace Challenges in 2015, Part 5 of 5: Workplace Training Programs Remain a Critical Component to Eliminating Employment Claims

March 17, 2015 | Blog | By Frank Hupfl

Recently, Mintz held a seminar in New York City that addressed some of the major challenges employers are facing in the New Year. Our program contained segments on NYC’s paid sick leave law, effective management of HR Issues, the Affordable Care Act, employment practices liability insurance coverage, and workplace privacy.
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2015 Employment Law Issues Tournament: First Round Results and Recaps

March 16, 2015 | Blog

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with upsets galore and exciting finishes, employment law fans everywhere were not disappointed.
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2015 Employment Law Issues Tournament: The Bracket Revealed

March 12, 2015 | Blog

Folks, this is the postest with the mostest; the entry of the century. That’s right ladies and gentlemen, employers of all industries, it’s time for a little fun; it’s time for the 2015 Employment Law Issues Tournament, brought to you by your friends over at Mintz Levin’s Employment, Labor and Benefits practice.
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Workplace Challenges in 2015, Part 4 of 5: Monitoring Wage and Hour Compliance Remains Paramount for Employers Seeking to Avoid Damaging FLSA Collective Actions

March 11, 2015 | Blog | By George Patterson

Recently, Mintz Levin held a seminar in New York City that addressed some of the major challenges employers are facing in the New Year. Our program contained segments on New York City’s paid sick leave law, effective management of HR Issues, the Affordable Care Act, employment practices liability insurance coverage, and workplace privacy.
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High Court Sides with DOL, Holding that Agencies May Flip-Flop on Regulatory Interpretations Without Engaging in Notice-and-Comment Rulemaking; But Questions Remain Over Judicial Deference to Those Interpretations

March 10, 2015 | Blog | By David Katz

In June, we wrote that the U.S. Supreme Court agreed to address whether a federal agency (in this case, the Department of Labor) must engage in formal notice-and-comment rulemaking in order to significantly alter its interpretation of the agency’s regulations (in this case, a rule interpreting a particular FLSA overtime exemption).
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D.C.’s New Law Protecting Pregnant Workers Is Now Effective

March 9, 2015 | Blog | By Frank Hupfl

On March 3, 2015, the D.C. Protecting Pregnant Workers Fairness Act of 2014 became effective. The Act provides increased protections for pregnant workers and requires employers to provide reasonable workplace accommodations for workers whose ability to perform job functions are limited by pregnancy, childbirth, a related medical condition, or breastfeeding.
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Daylight Savings Time Begins Sunday; When “Springing Forward” Employers Should Make Sure to Stick the Landing

March 6, 2015 | Blog | By Dan Long

Though snow still blankets the ground in many states and winter continues to drag on, there is a telltale sign that spring is nigh: daylight savings time begins on Sunday March 8, 2015 at 2:00 a.m.  At that time, the clocks “spring” forward from 2:00 a.m. to 3:00 a.m. – a change that carries several implications for employers.
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