September 25, 2017 | Blog | By Alden Bianchi
At this writing, the prospects for success of the latest Republican effort to replace the Affordable Care Act appear bleak—but the Graham-Cassidy bill on which the GOP has pinned its last-ditch hopes highlights a major political and policy flashpoint in the fight to repeal, replace, or repair the law: the degree to which states should be free to innovate and experiment by adopting non-standard health insurance product designs in their individual and small group markets.
September 18, 2017 | Blog | By Tahisha Fugate
On Thursday, October 5, 2017, Mintz Levin will host a webinar entitled "Handling Human Resources Data Under Privacy Shield and the GDPR," which will address EU laws concerning the transfer of employee personal data to the US and the penalties for getting it wrong, which are set to increase dramatically when the GDPR goes into effect in May 2018.
September 6, 2017 | Blog | By Natalie Young
What is happening in employment law? We will be providing you with quick employment law updates on a bi-monthly basis in a new series called “The Bubbler.” It will let you know what’s what and who’s who in the continually-evolving, ever-important, hard-to-keep-track-of employment law world.
September 1, 2017 | Blog | By Gauri Punjabi
Short of a successful (but highly unlikely) appeal, the Obama-era overtime rule is now officially no longer. That rule would have required employers to pay employees a little more than $47,000 annually to qualify under one of the Fair Labor Standards Act's white collar exemptions.
Employer’s Accessing of Employee’s Personal Email Account from Company Mobile Phone May Have Violated Stored Communications Act
August 28, 2017 | Blog | By Don Davis
In Levin v. ImpactOffice LLC, the federal court in Maryland ruled that a former employee’s claim survived a motion to dismiss where she alleged that her former employer violated the Stored Communications Act (“SCA”) when it accessed personal emails in her Google Gmail account after she surrendered her company-issued mobile phone.
August 19, 2017 | Blog
Mintz Levin continues to be at the forefront of issues related to contractual arbitration provisions, helping clients optimize their dispute resolution and risk mitigation processes. Check out our sister blog's latest post, which pieces together a top-10 list of issues in-house counsel should consider when crafting these provisions.
The Ninth Circuit Weighs in on ERISA’s Plan Document and Summary Plan Description Requirements: Mull v. Motion Picture Ind. Health Plan
August 18, 2017 | Blog | By Alden Bianchi
Mull v. Motion Picture Ind. Health Plan educates employers on the basics of the requirements of the Employee Retirement Income Security Act (ERISA) governing plan documents and summary plan descriptions. The lessons are sobering, particularly as they relate to group health plans.
August 17, 2017 | Blog | By Alden Bianchi
On August 1, Massachusetts Governor Charlie Baker signed into law H. 3822, “An Act Further Regulating Employer Contributions to Health Care” (the “Act”). The purpose of the Act is to shore up the finances of the Commonwealth’s Medicaid program and its Children’s Health Insurance Program (CHIP), which in Massachusetts are combined into a single program called MassHealth.
August 16, 2017 | Blog | By Jennifer Rubin
The recent controversy involving the Google employee fired for challenging his employer’s diversity policies highlights some misconceptions concerning free speech rights in the workplace.
August 15, 2017 | Blog | By Jennifer Rubin
California’s PAGA Saga continues with a pair of recently issued appellate decisions impacting these legally created class action-like lawsuits. Sounds like something our favorite attorney Bob Loblaw would be part of.
Massachusetts Supreme Judicial Court Holds Insurers’ Duty to Defend Does Not Extend to Counterclaims
August 4, 2017 | Blog | By Gauri Punjabi
A recent decision by Massachusetts’ highest court provides another reason why employers should carefully review their employment practices liability insurance (EPLI) policies.
August 1, 2017 | Blog | By Gilbert Samberg
In a recent series of articles, we asked whether “class arbitration” — meaning the utilization of a Fed. R. Civ. P. 23 class action protocol in an arbitration proceeding — is ultimately viable. Given the nature of arbitration, we suggested that it arguably is not.
July 26, 2017 | Blog | By Jennifer Rubin
Summertime is vacation time. And vacation time means headaches for employers who engage in vacation float. Vacation “float” is the practice of advancing vacation to employees before they actually accrue it under an employer’s vacation policy.
New York State Appellate Court Holds Class Action Waivers Violate the NLRA While Employers Await Definitive Ruling From Supreme Court
July 25, 2017 | Blog | By George Patterson
The Supreme Court is set to hear oral argument in October on whether class and collective action waivers are enforceable. While employers await the Supreme Court's decision, other courts continue to weigh in on the matter.
July 21, 2017 | Blog | By Alexander Song
Regulations implementing the Paid Family Leave Act became effective on Wednesday, July 19, 2017. No substantive changes were made to the proposed regulations that were published back in May 2017 (which we addressed here).
July 20, 2017 | Blog | By Katharine Beattie
As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work (like this decision here).
Bankers Life and Casualty: Illinois Appellate Court finds Connecting to Old Colleagues via LinkedIn Does not Constitute Unlawful Solicitation
July 17, 2017 | Blog | By Robert Sheridan
New job to-do list: (1) send goodbye email; (2) attend goodbye party; (3) update LinkedIn account; and (4) then use said LinkedIn account to send old colleagues new contact information. This sounds like a pretty standard modus operandi for the modern job-hopper, right?
In the Latest Episode of The Overtime Rule Soap Opera: DOL Tells Fifth Circuit It Will Revise Obama-Era Overtime Rule – But Not Just Yet
July 12, 2017 | Blog | By Don Davis
Last week, lawyers for the federal government told an appeals court that the Department of Labor plans to revise the currently-blocked overtime rule issued during the Obama administration last year. But it won’t do so, it said, until the Fifth Circuit Court of Appeals confirms that it has the right to set that threshold.
Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under the ADA
July 12, 2017 | Blog | By George Patterson
In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently held that the ADA did not require the Louisiana Attorney General’s Office to permit a litigation attorney to work from home indefinitely.
July 11, 2017 | Blog | By Alexander Song
The Paid Family Leave Act will provide, when fully implemented, employees in the state of New York with up to 12 weeks of job-protected paid family leave
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