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The Rise of the Group Health Insurance Captive

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.

Intermittent Leave Under the FMLA – The Basics

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.

Can Congress Get to “Yes” on Replacing the Affordable Care Act?

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

New York City Law Increasing Protections for Freelance Workers Takes Effect

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.

Don’t Miss the Last Event in our Entrepreneur Series, Employment & Litigation Avoidance

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.

Update on New York City Legislation Limiting Salary History Inquiries

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.

Immigration Webinar Series

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.

Supreme Court Confirms Deferential Standard of Review for EEOC Subpoenas

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.

Second Circuit Panel: No, We Still Can’t Overturn Precedent on Sexual Orientation Discrimination

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.”

Legislation Limiting an Employer's Ability to Inquire About and Consider Applicants' Prior Salary History Gains Momentum

April 21, 2017| Blog

We had such a spirited panel discussion on pay equity at our Third Annual Employment Law Summit recently that we wanted to follow up with a post addressing the current state of play on pay equity legislation, particularly with respect to salary history disclosure laws. This is a rapidly advancing area of the law in which we continue to see new developments.

Is Class Arbitration a Viable Dispute Resolution Method?

April 18, 2017| Blog

Our colleagues at the ADR blog have published the first of a series of posts discussing the dilemmas inherent in attempting to resolve class claims through arbitration. In Is ‘Class Arbitration’ an Oxymoron?

Seventh Circuit Rules Title VII Bars Sexual Orientation Discrimination, Creating Circuit Split and Setting Stage for Likely Supreme Court Review

April 12, 2017| Blog

In a landmark en banc decision rejecting its earlier panel ruling, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that Title VII of the 1964 Civil Rights Act prohibits discrimination in employment on the basis of sexual orientation.

Steady as She Goes or Charting a New Course? Employment and Labor Signals in the Trump Administration

April 7, 2017| Blog

As we discussed yesterday at Mintz Levin's Third Annual Employment Law Summit, big changes are likely in the offing as all three branches of our federal government begin to deal with labor and employment issues following President Trump’s election.

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