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Some Thoughts on Employee Appreciation Day, including a Potential Wage and Hour Pitfall

March 5, 2015 | Blog

“And you're wondering . . . am I appreciated . . . I'm not really appreciated, should I play like I'm appreciated, but I'm not that appreciated . . .but I think my employer might appreciate me . . . but do I want to be appreciated . .. but now my employer doesn’t really appreciate me . . . and then all of the sudden I'm getting, I'm starting to be appreciated.
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MLW: New Parental Leave Act Offers More Than Gender Neutrality

March 5, 2015 | Blog

My colleague Robert Sheridan was quoted in a Massachusetts Lawyers Weekly article entitled New Parental Leave Act Offers More Than Gender Neutrality, in which he explains the implications of a new parental leave law in Massachusetts for small businesses and employers generally.
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Key Takeaways from Privacy in the Workplace Webinar

March 3, 2015 | Blog

My colleagues Jennifer Rubin and Gauri Punjabi presented on privacy issues in the workplace in a recent webinar. They discussed the latest statutory and common law developments concerning employer monitoring of employee email, access to employee social media accounts, social media policies, and bring your own device (“BYOD”) policies.
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You Take the Good, You Take the Bad: NJ High Court Offers Employers Avenue to Limit Vicarious Liability in Harassment Suits; But Broadens Definition of “Supervisor”

March 3, 2015 | Blog | By David Katz

In Aguas v. State of New Jersey, the New Jersey Supreme Court recently adopted an affirmative defense—available under federal law since 1998—allowing employers to use their anti-harassment policies to limit vicarious liability under the New Jersey’s Law Against Discrimination (LAD) to the employer for a supervisor’s harassment.
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Law360: A Blurry Line on Employment Discrimination Protection

March 3, 2015 | Blog

My colleague Angel Feng wrote a Law360 article entitled A Blurry Line on Employment Discrimination Protection, in which she comments about the implications of the case Juarez v. Northwestern Mutual Life Insurance Company on DACA recipients and potentially for future beneficiaries of the President’s November 20 executive order on immigration.
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The City of Philadelphia Enacts Paid Sick Leave Law

February 25, 2015 | Blog

Following a number of other localities, the City of Philadelphia has enacted the Promoting Healthy Families and Workplaces law requiring certain employers located in the city to provide employees with up to 40 hours of paid sick time in a calendar year. Here are the 15 things you should know about this law.
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Workplace Challenges in 2015, Part 3 of 5: Beware of Stop-Loss Coverage Gaps When Choosing a Self-Funded Major Medical Plan

February 24, 2015 | Blog

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 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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ACA Countdown to Compliance For Employers - Complete Volume Available

February 24, 2015 | Blog

In this volume, we have collected the 52 weekly blog posts that comprise the series entitled, The Affordable Care Act—Countdown to Compliance for Employers. The series appeared in the Mintz Levin Employment Matters Blog during 2014.
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Eleventh Circuit Rules that Employer Cannot Assert Worker Misconduct Equitable Defenses in FLSA Unpaid Overtime Claim Where Employer Knew Employee was Under-reporting Time

February 23, 2015 | Blog | By Frank Hupfl

The Eleventh Circuit Court of Appeals recently issued an opinion holding that an employer cannot assert equitable defenses based on an employee’s misconduct in under-reporting hours as a total bar to the employee’s FLSA claim where the employer was aware of the employee’s conduct.
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More Than Employers Bargained For: Do Union Employees Have a Right to Bargain Over Company Data Breaches?

February 23, 2015 | Blog | By Jill Collins

These days most employers manage a vast amount of electronic information about their employees, including the employees’ personal identifying information. But what obligations do employers have to unionized employees with respect to managing that information and bargaining with them in the event of a breach of their private information?
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Supreme Court May Dilute EEOC's Aggressive Legal Strategy

February 20, 2015 | Blog

My colleague David Barmak was quoted in a Business Insurance article entitled Supreme Court May Dilute EEOC’s Aggressive Legal Strategy, in which he explains the Supreme Court’s heightened scrutiny of the EEOC’s claims against employers.
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Workplace Challenges in 2015, Part 2 of 5: Continued Focus on Social Media Policies that the NLRB Will Endorse

February 19, 2015 | Blog | By Dan Long

Recently, Mintz Levin held a seminar in New York City that we designed to address 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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Uber and Lyft Drivers: Employees, Independent Contractors, or Something Else Entirely?

February 12, 2015 | Blog

Disruptive “technology” companies Uber and Lyft were back in court recently doing their best to ensure their business models are not upended by a ruling that their drivers should be classified as employees rather than independent contractors.
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Workplace Challenges in 2015, Part 1 of 5: New York City Paid Sick Leave Law Update

February 11, 2015 | Blog

Recently, Mintz held a seminar in New York City that we designed to address 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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Second Circuit Court of Appeals Holds That Supreme Court’s Comcast Decision Does Not Prohibit Class Certification Where Damages Are Not Measurable on a Classwide Basis

February 11, 2015 | Blog | By Kevin McGinty

The Second Circuit Court of Appeals has released its much-anticipated decision in Roach v. T.L Cannon Corp., addressing the Supreme Court’s Comcast Corp. v. Behrend decision in connection with a wage and hour class action lawsuit.
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Groundhog Day for Employers: The Same Mistakes Over and Over and Over…

February 11, 2015 | Blog

I still consider Groundhog Day not only a great comedy, but also a great movie.  Twenty-two years ago, the late Harold Ramis graced us with a tale about Phil Connors, a Pittsburgh TV weatherman, who finds himself repeating the same day over and over while on assignment covering Groundhog Day in Punxsutawney, Pennsylvania.
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Upcoming Webinar on February 25th: Privacy in the Workplace: NLRB, Social Media, and Other Employment-Related Issues (CLE Credit Available)

February 11, 2015 | Blog

Please join us on February 25th at 1:00 p.m. ET for a webinar, the second in our 2015 Privacy & Security Webinar Series, which will focus on privacy in the workplace. Our workplace goes well beyond the office these days, which makes employment and privacy compliance even more challenging.
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SHRM Online: Measles Outbreak Raises Compliance Questions

February 10, 2015 | Blog

I was quoted in a SHRM Online article entitled Measles Outbreak Raises Compliance Questions, in which I respond to common HR questions employers may have in the wake of the measles outbreak.
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Law360: California Anti-Bullying Law to Add Fuel to Worker Litigation

February 10, 2015 | Blog

My colleague Jennifer Rubin was quoted in a Law360 article entitled Calif. Anti-Bullying Law to Add Fuel to Worker Litigation, in which she explains the implications of a new anti-bullying law in California that requires supervisors to complete anti-bullying training.  The article emphasizes the contrasting perspectives on the law.
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SHRM Online: NLRB Charges Against McDonald’s Put Focus on HR

February 10, 2015 | Blog

My colleague Don Schroeder was quoted in a SHRM Online article entitled NLRB Charges Against McDonald’s Put Focus on HR, in which he comments on the NLRB’s decision to file complaints against McDonald’s USA and its franchisees due to their alleged retaliation against employees who participated in union and protected concerted activity.
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