Employment

Viewpoints

Filter by:

The Cat's Paw Just Got a Little Smaller: New York Federal Court Limits Cat's Paw Liability After Staub

August 9, 2011 | Blog | By Martha Zackin

It is no secret that employers were not pleased with U.S. Supreme Court’s decision, Staub v. Proctor handed down in March.  And why would they be? 
Read more

EEOC Sues Taco Bell for Refusing to Accommodate Nazirite's Uncut Hair

July 29, 2011 | Blog | By Martha Zackin

The Old Testament describes a “Nazirite” as a man or woman who vows to abstain from eating grapes or raisins, or drinking any beverage derived from grapes; to refrain from cutting or combing his or her hair; and to avoid corpses and graves, even those of family members.  The vow may be temporary or permanent, and the rules for each differ slightly.
Read more

Religious Discrimination Based on Abercrombie "Look Policy"

July 19, 2011 | Blog | By Martha Zackin

A federal court in Oklahoma recently found an Abercrombie Kids store (a brand of Abercrombie & Fitch Stores, Inc.) liable for religious discrimination because the store did not hire a Muslim applicant who wore a headscarf during a job interview.
Read more

OFCCP Restores Functional Affirmative Action Programs

July 15, 2011 | Blog | By Martha Zackin

On June 28 the OFCCP announced that it was restoring the functional AAP (FAAP) program, which it had suspended a few years ago. A copy of the OFCCP's Directive regarding FAAP's may be found here; the key points are as follows
Read more

Tips for Electronic Communications

July 13, 2011 | Blog | By Martha Zackin

In recent months, a number of clients have asked us to provide recommendations concerning the do's and don't's for sending emails and other electronic communications. In response to these requests, we have put together a summary of best practices for electronic communications, which can be found here.
Read more

Leaves of Absence as Reasonable Accommodation: Verizon pays $20MM for "No Fault" Attendance Policy

July 8, 2011 | Blog | By Martha Zackin

On July 5, 2011, the EEOC filed suit against Verizon and a number of its subsidiaries, claiming that Verizon’s no-fault attendance program violated the Americans with Disabilities Act.
Read more

Supreme Court's Ruling in Wal-Mart v Dukes is a Big Victory for Employers

June 28, 2011 | Blog | By David Barmak

The Supreme Court's historic ruling in Wal-Mart v Dukes will make it more difficult for plaintiffs to pursue actions against employers on behalf of nationwide and other broad classes of employees. Read an excellent analysis of the decision here.
Read more

EEOC Holds Public Hearing on Use of Medical Leaves of Absence as "Reasonable Accommodation"

June 21, 2011 | Blog | By David Barmak

As we previously reported, the EEOC held a public meeting on June 8, 2011 to examine the use of medical leaves of absence as “reasonable accommodation” for employees’ disabilities.  A total of six panelists participated in the hearing: two from the EEOC, two representing the interests of disabled workers, and two representing the interests of the business community.
Read more

EEOC to hold public hearing on employers' use of medical leaves of absence

June 7, 2011 | Blog | By David Barmak

On Wednesday June 8, the EEOC will hold a public meeting to examine the use of medical leaves of absence as “reasonable accommodation” for employees’ disabilities.
Read more
Viewpoint Thumbnail

DOL announces: We have an app for that! Employees can Track Hours Worked and Calculate Overtime

May 11, 2011 | Blog | By David Barmak

On May 9, 2011, the US Department of Labor launched a smartphone "app" to help employees track hours worked and break times, and to calculate regular wages and overtime. Data collected may be viewed in daily, weekly, and monthly formats, and can be sent with wage data as an attachment to an email.
Read more

Firing of Teacher's Union Activist for Viewing Porn in Violation of School District's Computer Usage Policy Upheld in Face of First Amendment and Other Challenges

May 9, 2011 | Blog | By David Barmak

67 seconds of viewing porn . . . That’s all it took to get a high school biology teacher and former teacher’s union president, Robert Zellner, fired- 67 seconds of viewing porn. Why is this news?  Because Mr. Zellner sued, claiming that he was actually terminated because of his union activities and not because he viewed porn from his school-owned computer.
Read more

"Whistleblowing" to Media Not Protected by Sarbanes-Oxley

May 9, 2011 | Blog | By David Barmak

In a decision that likely surprised no one but the plaintiffs, on May 3, 2011, the United States Circuit Court of Appeals for the Ninth Circuit held that Boeing was within its right to fire two employees who complained to the media about practices they viewed as potential violations of the Sarbanes-Oxley Act (“SOX”).
Read more

New York Anti-Bullying Law Back in the Mix for 2011

February 16, 2011 | Blog | By David Barmak

Last year, New York nearly became the first state to pass a law protecting employees against workplace bullying. The New York State Senate passed the bill in May 2010 by a wide margin, but the following month, the New York Assembly Labor Committee voted to “hold” it in committee, effectively killing its chances at passage in 2010.
Read more

EEOC Sues Claiming Severely Obese Employee was Disabled under the ADA

October 18, 2010 | Blog | By David Barmak

On September 30, 2010, the Equal Employment Opportunity Commission (the “EEOC”) filed a lawsuit against a non-profit social services agency, claiming that the agency had discriminated against an employee on the basis of her disability—severe obesity.
Read more

EEOC Suit Against US Steel Serves Highlights Union's Complicity in Allegedly Unlawful Testing of Employees

October 11, 2010 | Blog | By David Barmak

As recently reported in Employment Law 360 (subscription required), the EEOC sued US Steel alleging that certain of its alcohol testing practices violate the Americans with Disabilities Act.
Read more

DOL Expands FMLA Reach to Cover LGBT and Non-nuclear Families

June 24, 2010 | Blog | By David Barmak

In an Administrator’s Interpretation issued on June 22, 2010, The U.S. Department of Labor (DOL) has "clarified" the definition of “son or daughter” under the Family Medical Leave Act (FMLA) as it applies to an employee standing in loco parentis to a child. The result is to significantly expand the universe of caregivers entitled to FMLA leave.
Read more

Supreme Court decides City of Ontario v Quon

June 18, 2010 | Blog | By David Barmak

See this interesting write-up of the Supreme Court's decision in the text message privacy case, City of Ontario v Quon.
Read more

Answers to Employers' Frequently Asked Questions re Health Care Reform's Impact on Employee Benefits.

April 19, 2010 | Blog | By David Barmak

See this recent Mintz Levin advisory answering some "FAQs" on health care reform's impact on employee benefits.
Read more

Health Care Reform Amendments to FLSA Require Break Time and Private Place for Nursing Mothers to Express Milk

April 15, 2010 | Blog | By David Barmak

Health care reform impacts employers in many significant ways. While the effects of reform on insurance coverage and other requirements have been widely publicized, much less well-understood are various amendments to the Fair Labor Standards Act (FLSA).
Read more

2d Circuit Ruling Gives Employers Additional Incentive to Ensure Their Complaint Channels Remain Open and Are Effective in Fact

March 14, 2010 | Blog | By David Barmak

The Second Circuit Court of Appeals recently reversed an order of summary judgment for JetBlue Airways Corp. on a former employee’s sexual harassment claim in Gorzynski v. JetBlue Airways Corp.
Read more

Subscribe

Sign up to receive email updates from Mintz.
Subscribe Now
Coronavirus Blog Button

Coronavirus Insights Center

Employer Roadmap in the Time of 2019 Blog Button

Roadmap for Employers in the Time of COVID-19

AHP Blog Button

Association Health Plan Perspectives

Viewpoint Editors

Explore Other Viewpoints:

I'm Looking For...