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Court Closes Workers Compensation Loophole for Staffing Companies

April 30, 2013 | Blog | By Martha Zackin

A recent Massachusetts court decision upheld efforts by staffing companies and workers compensation insurers to close a loophole that allowed staffing-firm employees injured at a client company both to collect workers compensation benefits and to sue the company where they were hurt.
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EEOC Holds Both Staffing Firms and Staffing Clients Responsible Under EEO Laws

April 25, 2013 | Blog | By Martha Zackin

Recently, the EEOC filed a lawsuit against Hire Dynamics, a staffing firm (click here for the EEOC press release).  According to the complaint, after a Hire Dynamics employee filed a charge of discrimination against one of its clients, the staffing firm retaliated by failing to give the employee any further job assignments or opportunities.
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FLSA Collective Action: Supreme Court Holds Offer of Judgment Moots Claim

April 18, 2013 | Blog | By Martha Zackin

Does a “make whole” offer of judgment to the lead plaintiff in a wage and hour collective action put an end to the case?  According to the US Supreme Court, the answer is “yes”- at least on the specific facts of the case before it.
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FLSA Class Actions: Recent Seventh Circuit Decision Points To Merger Of Certification Standards

April 9, 2013 | Blog | By Martha Zackin

A significant recent Seventh Circuit decision, written by noted Judge Richard Posner, affirmed decertification of an FLSA collective action, essentially on the ground that the collective action could not satisfy the predominance standard under Fed. R. Civ. P. 23(b)(3).  You read that correctly.
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Termination of Rutgers basketball coach highlights importance of employment advice to athletic departments

April 4, 2013 | Blog | By Martha Zackin

Rutgers University announced its termination of the employment of men’s basketball coach Mike Rice. The firing occurred after a media frenzy from the release of video of practices in which Mr. Rice was observed shoving players, throwing balls at them, and using gay slurs.
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Who Owns a LinkedIn Account? An Update to Eagle v. Edcomm, Inc.

March 20, 2013 | Blog | By Martha Zackin

In October 2012, we told you about the case of Eagle v. Edcomm, Inc. pertaining to whether an employee’s LinkedIn account belongs to the employee (Linda Eagle) or to her employer (Edcomm).
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Mayor Bloomberg Vetoes Legislation Prohibiting Discrimination Against Unemployed

February 25, 2013 | Blog | By Martha Zackin

As we predicted in an earlier blog post, Mayor Michael Bloomberg has vetoed legislation aimed at prohibiting discrimination against New York City’s unemployed.
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New FMLA Forms Now Available

February 15, 2013 | Blog | By Martha Zackin

February 6, 2013 was the 20th anniversary of the signing of the Family and Medical Leave Act. In celebration, the United States Department of Labor released the results of a survey on the law’s use and impact.
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New York City on the Verge of Prohibiting Discrimination Based on an Individual's Unemployment Status

February 14, 2013 | Blog | By Martha Zackin

New York City employers beware: The New York City Council has once again acted to expand the nation’s broadest anti-discrimination law – this time to prohibit discrimination against New York City’s unemployed.
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Update #2 on Fiscal Cliff Commuter Tax Benefits

January 17, 2013 | Blog | By Martha Zackin

On January 4 and 14, we blogged about the American Taxpayer Relief Act of 2012’s (ATRA) increases in the pre-tax contribution that commuters may make towards van pools as well as transit passes.
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Top Issues for Employers in 2013: Social Media & Independent Contractors

January 15, 2013 | Blog | By Martha Zackin

Employment lawyers anticipate that employers’ social media policies and their use of independent contractors will be hot button issues in the New Year, much like they were in 2012.
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Update on Fiscal Cliff Commuter Tax Benefits

January 14, 2013 | Blog | By Martha Zackin

On January 4, we blogged about the American Taxpayer Relief Act of 2012’s (the “Act”) increases in the pre-tax contribution that commuters may make towards van pools as well as transit passes. On January 11, 2013, the IRS released Revenue Procedure 2013-15, which clarifies that the 2013 limit for van pools and transit passes is $245, effective January 1, 2013.
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Massachusetts Governor Proposes Elimination of Fair Share Contribution Requirements

January 10, 2013 | Blog | By Martha Zackin

On Tuesday, January 8, 2013, the Patrick administration proposed legislation that will repeal the Massachusetts Fair Share Law effective June 30, 2013. In effect since 2006, the Fair Share Law requires companies with Massachusetts employees to either provide compliant medical coverage to full time employees, or pay a penalty of $295 per year per employee.
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Don't Hate Me 'Cause I'm Beautiful: Termination Based on "Irresistible Attraction" is Not Unlawful Sex Discrimination

January 4, 2013 | Blog | By Martha Zackin

Christmas came a few days early for Iowan employers, when the Iowa Supreme Court ruled that a male employer acted legally when he fired a female employee because he had become irresistibly attracted to her – a situation the employer’s wife, also an employee, found objectionable.
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Fiscal Cliff Bill Includes Commuter Tax Benefits

January 4, 2013 | Blog | By Martha Zackin

The American Taxpayer Relief Act of 2012 (the “Act”), signed on January 3, increases the pre-tax contribution that commuters may make towards van pools as well as transit passes. The IRS allows employees to pay for parking, transit pass (e.g. for subway, bus or ferry), and commuter highway vehicle (generally, vanpool) expenses on a pre-tax basis, up to a monthly limit.
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NLRB: Employees' Facebook Comments Are Protected Concerted Activity

December 20, 2012 | Blog | By Martha Zackin

The National Labor Relations Board’s closed out an already busy year addressing social media’s impact on employee rights in non-unionized workplaces (see our prior related blog entries here, here, here, and here) with yet another social media ruling – this time involving Facebook.
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New York Law Journal: Smart Devices in the Workplace

December 18, 2012 | Blog | By Martha Zackin

One of the year’s hottest topics in privacy and workplace security pertains to bring your own device– BYOD. My colleagues Cynthia Larose and Narges Kakalia recently wrote on this topic, and published in the New York Law Journal.
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HHS Issues Comprehensive "Essential Health Benefits" Proposed Regulations

December 14, 2012 | Blog | By Martha Zackin

Commencing in 2014, the Patient Protection and Affordable Care Act (Act) requires that health insurance coverage provided in the individual and small group markets, including coverage offered through American Health Benefit Exchanges, provide “essential health benefits.”
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CA, MA and NY: Employment & Labor Laws 2013 Legislative Forecast

December 6, 2012 | Blog | By Martha Zackin

It’s that time of year when we look ahead at the employment and labor laws that will go in effect in the New Year. My colleagues Mike Arnold, Kate Beattie, and Brandon Willenberg have assembled this forecast of the new laws that employers and human resources professionals in California, Massachusetts, and New York may need to comply with in 2013.
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NLRB Invalidates Another Workplace Social Media Policy

November 29, 2012 | Blog | By Martha Zackin

The NLRB has again weighed in on workplace social media policies.  And, consistent with its recent decisions in Costco Wholesale Corp. and Karl Knauz Motors, Inc., found DISH Network’s social media policy unlawful.
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