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Associational Discrimination Claims under Massachusetts Law Require More than Just Association

November 22, 2013 | Blog

“Associational discrimination” refers to a claim that a plaintiff, though not a member of a protected class, was still subjected to some type of adverse action because of his or her association with a member of a protected class.
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Bill to Ban Pregnancy Discrimination Unanimously Passed by New Jersey Senate

November 22, 2013 | Blog

Similar to recent legislation passed in New York City, the New Jersey Senate unanimously passed a bill on Monday that would explicitly prohibit employment discrimination based on pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, including recovery from childbirth.
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Treasury Department/IRS Issue Guidance Instructing Employers on How To Make Claims for FICA Refunds or Credits Post-Windsor

November 22, 2013 | Blog

Our colleague, Alden Bianchi, discusses recently-issued Treasury/IRS guidance regarding the impact of the Supreme Court's Windsor decision on claims for FICA refunds or credits here.
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Want to reduce or suspend safe harbor 401(k) employer contributions mid-year? IRS final regulations provide a new way.

November 20, 2013 | Blog

Last Friday, the IRS provided guidance on ways for employers to reduce or eliminate the employer contribution to a safe harbor 401(k) plan mid-year, guidance which employers looking to enhance their bottom lines will welcome with open arms.
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Who Should Hold the Bag for Employment Liabilities When the Portfolio Company Goes “Belly-Up”? The private equity firm, maybe.

November 12, 2013 | Blog

In the world of private equity, vast sums of money are raised by private investors who pool their money into collective funds in order to acquire companies, i.e., a “portfolio company”, with the goal of eventually flipping the portfolio company at a significant profit.
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New York City Commission on Human Rights Releases New York City Human Rights Law Pregnancy and Employment Rights Poster

November 7, 2013 | Blog

As reported last month, effective January 30, 2014, the New York City Human Rights Law will require employers to provide reasonable accommodations to pregnant workers.
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Fourth Circuit Court of Appeals Takes Rare Step of Vacating Arbitrator’s Award, Saving Employer $400,000

November 1, 2013 | Blog | By David Barmak

A divided panel of the United States Court of Appeals for the Fourth Circuit took the unusual step of reversing an arbitrator’s award in favor of an ex-employee, finding that the arbitrator’s award was in “manifest disregard” of the law.
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Crying Foul: DOL Investigates Two Major League Baseball Team’s Pay Practices

October 31, 2013 | Blog

While the Boston Red Sox celebrate their first World Series clinched at Fenway Park in 95 years, two teams that missed the playoffs are making headlines for their pay off the field.
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The California Supreme Court Tackles The U.S. Supreme Court’s Decision in Concepcion – Still Finds Wiggle Room For California Courts, But Holds Administrative Wage Claims Are Arbitrable

October 24, 2013 | Blog

The enforceability of employment-related arbitration agreements has been a hot-button issue these past couple of years.
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Year End Employee Benefits Highlight: Good Plan Document Distribution Practices for Health and Welfare Plans

October 24, 2013 | Blog

Around this time of year, employers who offer medical and other welfare plans to their employees find themselves swimming in an alphabet soup of year-end and open enrollment notice and disclosure requirements: WHCRA, CHIPRA, ERISA SBC, SPD, SMM, and SAR to name a few. Our clients often come to us with questions about “best practice” document distribution options.
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EEOC Priorities May Place Staffing Firms Under Greater Scrutiny

October 24, 2013 | Blog

The EEOC identifies “eliminating barriers in recruitment and hiring” among its top six priorities for fiscal years 2013 through 2016, which likely portends an increase in investigations and litigation directed at staffing firms for which recruitment and hiring are bread and butter.
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NCAA Gives Deference To The U – How Sanctions Against Miami May Affect Future Investigations

October 23, 2013 | Blog

In a Twitter world of brief news updates, the NCAA’s tweet at 6:55 AM on October 22nd was blunt, but not unexpected – “Miami failed to monitor activities of a major booster, resulting in a decade of violations.”
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Protecting an Employer From Corporate Criminal Liability for the Actions of Employees

October 23, 2013 | Blog

Click here to watch our colleague, Bridget Rohde, a member in Mintz's Litigation practice, discuss corporate criminal liability for the actions of employees and how companies can protect themselves.
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Paid Sick Leave Comes to New Jersey’s Second Largest City – Jersey City; is Newark, its Largest City Next?

October 23, 2013 | Blog

On October 21, 2013, Jersey City Mayor Steven Fulop signed into law the Paid Sick Time Ordinance requiring private sector Jersey City employers with 10 or more employees to provide up to five days of paid sick leave per year to those employees.
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Unpaid Interns One Step Closer to Receiving Protection Against Discrimination in New York

October 22, 2013 | Blog

Last week we reported on a decision out of a New York federal district court refusing to extend the protections of the New York City anti-discrimination law to unpaid interns. That decision also confirmed that neither the federal nor New York State anti-discrimination laws protected unpaid interns either.
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Apocalypse Averted Again: Preliminary Thoughts on Welcoming Workers Back From the Government Shutdown

October 18, 2013 | Blog

As my colleague Jill Collins discussed a few weeks ago, the government shutdown had a broad impact on a number of workers in the public and private sectors. Now that the federal government has reopened, employers welcoming back furloughed employees should stand ready to answer worker questions and assuage employee concerns.
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Second Circuit Court of Appeals Will Address Comcast’s Impact on Wage and Hour Class Action Lawsuits

October 17, 2013 | Blog

What is the impact of the U.S. Supreme Court’s Comcast decision on wage and hour class action lawsuits? That is the question the Second Circuit Court of Appeals has agreed to hear on appeal.
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New York State’s Highest Court Confirms that a Request for Indefinite Leave May Constitute a Reasonable Accommodation Under the New York City Human Rights Law

October 16, 2013 | Blog | By Michael Arnold

The New York Court of Appeals – New York’s highest court – is out with a new decision this week addressing our favorite statutory friend (foe?), the New York City Human Rights Law – this time in the context of a disability discrimination claim.
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New York State Department of Labor Adopts New Wage Deduction Regulations

October 14, 2013 | Blog | By Michael Arnold

The New York State Department of Labor has finally released regulations interpreting the Wage Deduction Law that New York amended nearly a year ago. At last, I can sleep at night. Here are my 5 quick takeaways from those regulations, which are relatively easy to read and can be accessed here.
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New York Federal District Court Declines to Extend Protections against Discrimination under the New York City Human Rights Law to Unpaid Interns; But Should the Analysis End There?

October 9, 2013 | Blog | By Michael Arnold

I just finished reading a very interesting opinion in Wang v. Phoenix Satellite Television US, Inc., which Judge Castel issued late last week out of the Southern District of New York and which addresses the scope of the New York City Human Rights Law – arguably the broadest anti-discrimination statute in the nation.
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