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Equal Pay for Equal Play – U.S. Women’s National Team Files Wage Discrimination Claim Against U.S. Soccer
April 5, 2016 | Blog | By Jill Collins
Five members of the U.S. women’s national soccer team, including stars Carli Lloyd, Hope Solo and Alex Morgan, filed a complaint at the Equal Employment Opportunity Commission against the U.S. Soccer Federation alleging that they are paid almost four times less than the men’s national soccer team, despite generating nearly $20 million more in revenue in 2015.
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Corporate Divorce Series: Online Dating, The Bachelor, and Predicting Successful Employment Relationships
April 4, 2016 | Blog | By Jennifer Rubin
If there is a predictive model for dating, why can’t the same model apply to the employment relationship? I was fascinated to learn recently that eHarmony, the online dating site, had launched a career site called Elevated.
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EEOC v. Flambeau, Voluntary Plans, the Insurance Safe Harbor, and the Future of Wellness Programs
April 1, 2016 | Blog | By Alta Ray
The benefits world was set abuzz late last year with Equal Employment Opportunity Commission v. Flambeau, Inc., in which the Federal District Court for the Western District of Wisconsin upheld the validity of Wisconsin-based plastics manufacturer Flambeau, Inc.’s wellness program in the face of a challenge by the Equal Employment Opportunity Commission (EEOC).
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SHRM: Justices Question Whether EEOC Should Pay $4.7M in Attorney Fees
March 31, 2016 | Blog
My colleague David Barmak, was quoted in a SHRM article entitled, Justices Question Whether EEOC Should Pay $4.7M in Attorney Fees, in which he examines the potential advantages for employers if the EEOC is required to reimburse a trucking company for legal fees incurred in connection with a sexual harassment lawsuit.
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Summer Blockbuster: DOL’s Divisive Union “Persuader” Rule Coming to Employers Near You on July 1, 2016
March 29, 2016 | Blog | By David Katz
“Pay no attention to that man behind the curtain. The great Oz has spoken.”
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The Supreme Court’s Tyson Foods Ruling and Employee Class Actions
March 28, 2016 | Alert | By Michael Arnold, Kevin McGinty, David Barmak
The US Supreme Court ruled Tuesday that Tyson Foods employees can use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs’ class action bar a second victory in the Court’s current term, albeit a far narrower one than many commentators had feared.
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D.C. District Court Examines an Employer’s Burden to Prove a Failure to Mitigate Damages in an Employment Discrimination Action
March 24, 2016 | Blog
As a general principle, an employee alleging employment discrimination has an affirmative obligation to mitigate his or her lost wages by making a good faith effort to secure alternative employment. The employer however, bears the burden of proving that the employee failed to make such an effort.
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More Money, More Problems? - The Rise of Compensation and Expectations for College Coaches
March 24, 2016 | Blog
This is the second installment of a series regarding legal issues affecting college athletics that will run during this year’s NCAA basketball tournament. It is no secret that the salaries of coaches of high profile college programs are rising steadily.
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Taking an Evidentiary Approach, the Supreme Court Rules that Employees Can Use Representative Samples to Establish Classwide Liability and Damages, But It Leaves Open Question of Whether Classes Can Include Uninjured Class Members
March 24, 2016 | Blog | By Kevin McGinty, David Barmak, Brent Douglas
The United States Supreme Court ruled Tuesday that Tyson Foods employees could use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs' class action bar a second victory in the Court's current term, albeit a far narrower one than many commentators had feared.
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Innocents Abroad: Sending Employees Into Harm’s Way – A Word About Offer Letters - Part I
March 23, 2016 | Blog | By Brent Douglas
Although I’ve been writing offer and assignment letters for more than 15 years, I’m curious as to what are today’s best practices for preparing these documents as our company extends its global reach.
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New York Federal Court Ruling May Breathe New Life into Employment Class Action Pick-off Strategy; Addresses Supreme Court's Gomez Decision
March 23, 2016 | Blog
Is the pick-off strategy to moot class actions still alive in the Southern District of New York? Possibly. Last month we reported on Brady v. Basic Research, L.L.C. – the first decision to interpret the Supreme Court’s Campbell-Ewald Co. v. Gomez opinion.
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Gobeille v. Liberty Mutual: The Dog That Didn’t Bark, and the Next Front in the Preemption War
March 22, 2016 | Blog
Recently, we reported on Gobeille v. Liberty Mutual, in which the Supreme Court invalidated the Vermont all-payer claims data base law.
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Busted [Bracket]: Facebook Posts From Employee’s Vacation Undermine FMLA Claims
March 21, 2016 | Blog | By Dan Long
Ah, the tell-tale signs of March are here. The winter is starting to dissipate in the northern climes, we’ve set the clocks forward, and Syracuse is bound for another Final Four run.
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Beware of the CEO Email Request Phishing Scam: A Different Form of March Madness
March 17, 2016 | Blog | By Cynthia Larose
Not only is it “March Madness” time, it is also prime tax return filing time. That means that the email scammers are out in full force as well.
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SHRM: Keep Employees on the Ball During March Madness
March 16, 2016 | Blog
My colleague Mitch Danzig, was quoted in a SHRM article entitled, Keep Employees on the Ball During March Madness, in which he provides strategies for employers to avoid legal claims when monitoring employees’ computer use. The article outlines ways employers can both manage “cyberslacking” and boost morale in the workplace during March Madness.
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Mintz Featured in JD Supra’s 2016 Reader’s Choice Awards
March 16, 2016 | Blog
JD Supra has recognized Mintz in its 2016 Reader’s Choice awards, highlighting the most widely read authors and articles. With seven authors being recognized, Mintz commanded one of the strongest presences in the awards.
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A Look Beyond the Madness - Revisiting The Standing Of And Protections For Student-Athletes
March 16, 2016 | Blog
This is the first installment of a series regarding legal issues affecting college athletics that this blog will run during this year’s NCAA basketball tournament. Two horrible March Madness brackets ago, we analyzed the myriad of legal and operational challenges that could change the face of intercollegiate athletics.
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For Staffing Firms: Getting Beyond the Breach
March 15, 2016 | Blog
My colleague, Cynthia Larose authored an article entitled, “Getting Your Firm Beyond the Breach,” which appears in the January-February digital version of American Staffing Association’s magazine. The article provides an action plan for staffing firms facing a data breach caused by a temporary employee.
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Massachusetts SJC Lightens Plaintiffs’ Summary Judgment Burden in Employment Discrimination Cases
March 11, 2016 | Blog | By Robert Sheridan
Last week, the Massachusetts Supreme Judicial Court issued a seminal ruling in Bulwer v. Mt. Auburn, which clarified the type of evidence an employment discrimination plaintiff needs to defeat a summary judgment motion.
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Notice to California Employers: New Rules Dictate Precisely What Must Be in Handbooks Regarding Harassment, Discrimination, and Retaliation
March 10, 2016 | Blog | By Brent Douglas
Beginning April 1, 2016, new California regulations (§11023 specifically) will require all California employers with more than five employees to have written policies regarding harassment, discrimination, and retaliation. For some employers, this may mean drafting a specific policy for the first time; for others, it may require some tinkering with an existing policy.
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