July 10, 2017| Blog
Mayor de Blasio recently signed into law five bills collectively called the “Fair Workweek” legislative package, which will significantly impact employers in the retail and fast food industries. The laws are scheduled to take effect on November 26, 2017 – just after Thanksgiving.
July 5, 2017| Blog
California’s new Ban the Box regulation became effective last week. Effective July 1, 2017, questions by public employers concerning an applicant or employee’s criminal convictions will now be subject to the new regulation that employers can locate here.
Second Circuit Denies Latest Request for En Banc Review in Title VII Sexual Orientation Discrimination Case
June 29, 2017| Blog
The Second Circuit has denied a plaintiff’s request to rehear argument en banc (that is, before all of the court’s judges) in a case alleging that Title VII of the 1964 Civil Rights Act prohibits discrimination based on sexual orientation.
Fourth Circuit Holds Complaining Employee is not Protected From Termination if the Employer Terminates Her Because It Believed Her Complaint was Fabricated
June 28, 2017| Blog
A recent Fourth Circuit ruling in a case handled by Mintz Levin provides some comfort to employers concerned about terminating an employee who they believe has made a false complaint of discrimination.
June 15, 2017| Blog
With its “employer mandate”—i.e., the requirement that applicable large employers make an offer of group health coverage to substantially all full-time employees or face the prospect of a penalty—the Affordable Care Act (ACA) opened a fault line in the previously monolithic market for group health insurance.
June 7, 2017| Blog
Congress adopted the Family and Medical Leave Act of 1993 (“FMLA”) to provide job security for employees who must miss work due to their own serious health condition, the birth of their children, to care for family members suffering from a serious health condition or for reasons related to their family members’ military service.
June 7, 2017| Blog
Senate Majority Leader Mitch McConnell recently gave a candid assessment of the chances of getting an Affordable Care Act (ACA) replacement bill through the Senate, saying “I don't know how we get to 50 (votes) at the moment.” That succinctly captures the political dilemma.
Mintz Benefits Attorney Patricia Moran Discusses Possible Changes to Obamacare Contraception Mandate
June 6, 2017| Blog
On June 2, Patricia Moran was a guest on Bloomberg radio, where she discussed the Trump administration’s potential softening of the Obamacare contraception coverage mandate.
Second Circuit Orders En Banc Review of Panel Holding that Title VII Does Not Prohibit Sexual Orientation Discrimination
June 5, 2017| Blog
We previously discussed the conflict between a Second Circuit panel’s holding in April that Title VII of the 1964 Civil Rights Act did not prohibit discrimination on the basis of sexual orientation and the Seventh Circuit’s landmark ruling the same month reaching the opposite conclusion.
Efforts to Shore up MassHealth Should Favor Simplicity and Avoid Potential Conflict with Federal Law
May 26, 2017| Blog
In an effort to make up for a funding shortfall in the Commonwealth of Massachusetts’ Medicaid program, state policymakers have proposed solutions that include a “play-or-pay” option under which employers who fail to offer major medical coverage, or who offer coverage but have low take-up rates, would be required
May 19, 2017| Blog
In a previous post we discussed the significant new obligations New York City’s “Freelance Isn’t Free Act” imposes on employers that retain the services of freelance independent contractors. On May 15, these requirements became effective for all freelance contracts executed on or after that date.
Update: NYSDOL Appeals Decision to Invalidate Regulation for Employers Who Use Direct Deposit and Payroll Debit Cards
May 14, 2017| Blog
As expected, the New York State Department of Labor (DOL) recently appealed the decision of the New York Industrial Board of Appeals invalidating the DOL regulations concerning employers who use direct deposit or payroll debit cards to pay employees. The regulations, which were scheduled to take effect on March 7, 2017, were invalidated in February 2016.
May 11, 2017| Blog
Join us on Tuesday, May 16 for the final installment of our Entrepreneur Series in partnership with the University of San Diego.
May 10, 2017| Blog
As we recently blogged about here, efforts to ban inquiries related to applicants’ salary history have gained momentum across the country. Last Friday, New York City Mayor Bill de Blasio joined this trend by signing into law a bill prohibiting New York City employers from inquiring about prospective employees’ salary history.
See No Evil, Hear No Evil: Third Circuit finds Employer Not Liable for Tortious Interference Claim Where Employer had No Knowledge of New Hires’ Non-Competes
May 9, 2017| Blog
A few months ago, a three-member Third Circuit appellate panel in Acclaim Systems, Inc. v. Infosys, upheld a district court decision, which dismissed tortious interference claims against an employer for engaging with four individuals subject to non-compete agreements, because the employer had no knowledge of the non-competes at issue when it on-boarded them.
Another Reminder that Director Limits set forth in Equity Plans Allow Director Compensation to be Reviewed under the more Lenient Business Judgment Rule
May 1, 2017| Blog
Earlier this month, in In re Investors Bancorp, Inc. Stockholders Litigation, the Delaware Court of Chancery reiterated its view that placing a meaningful limit on director equity awards to be granted under a stockholder approved equity plan allows the court to determine whether director equity awards are excessive under the more lenient business judgment rule.
April 28, 2017| Blog
In today’s global economy, the landscape surrounding immigration issues is becoming increasingly complex. Penalties for violations of federal and state immigration rules extend beyond civil fines to more serious consequences, including but not limited to, criminal liability.
Second Circuit Holds Termination of Employee Who Attacked Supervisor in Obscene Facebook Post Violates NLRA
April 26, 2017| Blog
The Second Circuit said last week that an employer violated the National Labor Relations Act when it fired an employee who criticized a supervisor on Facebook during an election. The catch here is that the Second Circuit reached this conclusion even though the employee used profanity and hurled personal insults at the supervisor as part of his criticism.
April 25, 2017| Blog
Earlier this month, the Supreme Court confirmed that federal appeals courts should apply a deferential standard of review to federal district court determinations regarding the legal sufficiency of EEOC subpoenas.
April 24, 2017| Blog
As we observed in a recent post on the Seventh Circuit’s decision in Hively v. Ivy Tech Community College extending Title VII to sexual orientation claims, the Supreme Court will probably have to resolve the disagreement among the federal circuit courts over whether the statutory language “because of...sex” should be interpreted to include “because of…sexual orientation.”
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