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Employing Arbitration in Employment Disputes

August 27, 2018 | Video | By Jennifer Rubin

Jen Rubin takes a look at both the benefits and costs of employing arbitration as a mechanism to resolve employment disputes.
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#MeToo Movement – Key Takeaways for Employees

August 27, 2018 | Video | By Jennifer Rubin

Jen Rubin discusses the key things employees need to understand in the wake of the #MeToo movement including reasonable expectations for the handling of a complaint of harassment or other misconduct and any subsequent punishment.

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Jen Rubin explains the need for employers to ensure that their interviewers are properly trained to avoid running afoul of state and municipal legislation regarding salary history as well as what a candidate should do if they are asked about their salary history in a jurisdiction in which such an inquiry is prohibited.
Jen Rubin, a member in Mintz's Employment, Labor and Benefits practice, wrote about the need for a thoughtful and fair investigative process in the wake of the #MeToo movement.
Earlier this year, we wrote about the sweeping legislative changes enacted by New York State and New York City aimed at preventing workplace sexual harassment in the wake of #MeToo.

New Massachusetts Non-Compete Law Goes Into Effect October 1, 2018

August 14, 2018 | Blog | By Katharine Beattie, Jennifer Budoff

Non-compete reform has come to Massachusetts, with wide-ranging legal and practical implications for any employers with workers in Massachusetts. Employers have just six weeks to consider and adopt a new approach to non-compete agreements for their workforces.

Guidance on NYC Temporary Schedule Change Law Released

August 8, 2018 | Blog | By Michael Arnold, Brie Kluytenaar

The Office of Labor Policy & Standards, the office responsible for enforcing NYC’s employment laws, recently released guidance on the new Temporary Schedule Change Law. The law, which took effect on July 18, 2018, was passed with little fanfare, but left employers asking many questions about how to effectively implement its requirements.

The Bubbler – August 2018

August 8, 2018 | Blog | By Don Davis

We want to dedicate our August Bubbler feature to our readers, who have helped Mintz’s blog achieve such an august reputation. This month’s namesake (Emperor Caesar Augustus) would have been proud to see all of the activity out of the Empire State recently.

Massachusetts Non-Compete Legislation Awaiting Governor Baker’s Signature

August 8, 2018 | Blog | By Katharine Beattie, Emma Follansbee

Employers in Massachusetts are watching closely as a non-compete bill was recently passed by the Legislature and is now on Governor Baker’s desk.
California Governor Jerry Brown recently signed into law A.B. 2770, creating new protections for employers, witnesses, and complainants from defamation lawsuits related to making, assisting, or discussing good-faith sexual harassment claims and investigations.

California Clarifies its Salary History Ban

July 27, 2018 | Blog | By Audrey Nguyen

Earlier this month, Governor Jerry Brown signed A.B. 2282 into law, clarifying several unanswered questions concerning California’s salary history ban.
In a series of blog posts going back to last August, we reported on certain amendments to the Massachusetts Employer Medical Assistance Contribution (EMAC) rules. As we previously explained, the EMAC contributions are required of employers with more than five employees in Massachusetts.
This is the first post in a blog series exploring the U.S. Department of Labor’s recently issued final regulation governing Association Health Plans (AHPs). While AHPs can be either fully-insured or self-funded, the final regulation provides rules that are generally more useful to the former than the latter.
Our colleague Alden Bianchi was a guest on a recent episode of Bloomberg Tax’s “Talking Tax” podcast, discussing the U.S. Department of Labor’s new rules for Association Health Plan.

The Bubbler – July 2018

July 3, 2018 | Blog | By Brie Kluytenaar

Welcome to July! As we head deeper into the summer, the employment law world continues to heat up (and we’re not just talking about the record temperatures across the country!). We have rounded up the most recent developments impacting employers here.
On June 28, 2018, Massachusetts Governor Charlie Baker signed a law affecting all employers in the Commonwealth by creating a paid family and medical leave program funded by a state payroll tax, increasing the state minimum wage, and eliminating premium pay requirements for work performed on Sundays and certain holidays.

DOL Issues Final Regulation re: Association Health Plans

June 29, 2018 | Blog | By Natalie Young

It is not unusual for a creditor of a debtor to cry foul that a non-debtor affiliate has substantial assets, but has not joined the bankruptcy.
In our sister blog, ADR: Advice from the Trenches, Don Davis explores back-to-back decisions by New York’s intermediate appellate court that applied very narrow state law principles permitting vacatur of an arbitration award on public policy grounds to vacate an arbitrator’s award that had reduced the employer-posed penalty of termination to a brief suspension.

“Ban the Box” Updates in Massachusetts

June 8, 2018 | Blog | By Natalie Young

“Ban the Box” laws prohibit or limit an employer’s ability to ask a job applicant about his or her criminal record. States, counties and cities have enacted this legislation to help applicants with criminal records combat additional barriers to securing employment. We’ve written about these laws as enacted in New Jersey, Washington, D.C., New York City, and California.

The Bubbler - June 2018

June 6, 2018 | Blog | By Natalie Young

With the summer kicking off, it is a good opportunity for employers to review and refresh their employment practices to ensure compliance with developments on the federal, state and legal landscape.This Bubbler Post will review our earlier guidance and (hopefully!) prompt you to review your employment practices:

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