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Are you an F-1 student? Here is what you need to know before October 1

May 8, 2014 | Blog

My colleagues in the firm’s Immigration Practice recently posted an advisory on F-1 students with OPT employment eligibility, and what those students should keep in mind before October 1. If this applies to you and you find yourself in one of the below situations, read the advisory to get more info.
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What Screams Summer Fun in California? How ‘Bout California’s July 2014 Minimum Wage Increase?

May 8, 2014 | Blog

Beach towel - check, sunscreen - check, beach tunes playlist - check, make sure the company complies with California’s July 2014 minimum wage increase - che...wait, what?! You ask, “how is it possible that a California employment law is now part of my summer plans?!”
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Malingering: Yes, it May Get You Fired

May 6, 2014 | Blog

A recent submission in an advice column on Boston.com struck my eye and the scenario should be no surprise to the modern worker. A Massachusetts at-will worker decides to take a “mental health day” and calls in sick, despite the fact that he is not actually sick.
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Another Judge Finds that Obesity May be a “Disability” Under the ADA

May 6, 2014 | Blog

Yet another federal court judge, the Honorable Stephen N. Limbaugh, Jr. of the Eastern District of Missouri, recently ruled, in Whittaker v. America's Car-Mart, Inc., that an employee’s severe obesity could constitute a “disability” under the Americans with Disabilities Act.
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Free Webinar: Tips on Drafting Restrictive Covenants - May 28, 2014

May 5, 2014 | Blog

Protecting your trade secrets and restricting competition is important, and getting the right restrictive covenant is part of that protection. Join Bret Cohen, Mitch Danzig, and Jeff Lambert, the Chief Legal Officer of our client The Active Network, for this webinar on May 28th.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 34: When Can Carriers Impose Minimum Participation and Minimum Employer Contribution Requirements? (It’s Complicated)

May 5, 2014 | Blog

Commencing with plan and policy years beginning on or after January 1, 2014, the Affordable Care Act amends the Public Health Service Act (“PHS Act”) to make three important changes to the rules governing health insurance underwriting practices that apply to the individual and group markets (but not to grandfathered arrangements):
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Massachusetts Superior Court Holds that a Lateral Transfer Can Constitute an Adverse Employment Action Under M.G.L. 151B; Affirms Jury Award of $750,000 in Emotional Distress and Punitive Damages

April 30, 2014 | Blog

A recent decision from a Massachusetts superior court reinforces what we’ve known for quite some time – be extremely mindful of the actions you take with respect to an employee lodging a complaint under M.G.L. 151B, the state’s anti-discrimination statute, or else you may face retaliation claim and hefty monetary damages.
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Don't Forget: NYC Earned Sick Time Act Notice of Employee Rights Due to Existing Employees by Tomorrow, May 1, 2014

April 30, 2014 | Blog

Templates are available here in English and other available languages.  Make sure to also provide this notice to any new hire on a going forward basis.
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Does the Employment Relationship Convert to At-Will Upon Expiration of an Employment Agreement’s Term? Failure to Consider this Issue Can Cost Employers.

April 29, 2014 | Blog

Many employers are surprised to learn that the employment relationship does not automatically convert to “at-will” when an employee’s fixed employment term expires. Instead, when asking for clarification on this issue, employers are usually on the receiving end of their least favorite lawyerly answer: “It depends.”
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The Affordable Care Act—Countdown to Compliance for Employers, Week 35: ACA, Mental Health Parity, and (the Hazards of the) Final MHPAEA Regulations

April 28, 2014 | Blog

With so much attention focused on the particulars of the employer shared responsibility and, to a slightly lesser extent, reporting rules, it’s easy to lose sight of other important changes—including final regulations issued under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA)
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Employers Using Medical History in Hiring Decisions Take Notice: The EEOC is Watching

April 28, 2014 | Blog

Two recent victories for the EEOC should remind employers that rejecting a job applicant over a medical condition, even when the condition appears directly related to job performance, can expose the employer to serious legal consequences under the Americans With Disabilities Act (ADA).
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Second EEOC Right-To-Sue Letter on Same Disability Discrimination Charge Cannot Save Late-Filed ADA Claim; First Circuit Rejects Equitable Tolling Argument

April 24, 2014 | Blog

Judge Selya’s recent First Circuit opinion in Rivera-Diaz v. Humana Insurance of Puerto Rico, Inc., hammers home the importance of strictly abiding by Title VII’s procedural requirements for filing discrimination claims in federal court under the Americans with Disabilities Act (ADA)
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The Mintz Data Breach Notification Law Matrix Has Been Updated Once Again

April 23, 2014 | Blog

Mintz's Privacy Team maintains a summary of the US state data breach notification laws, which it refers to as the “Mintz Matrix," and updates on a quarterly basis or more frequently if developments dictate.  This week, the Privacy Team updated the Matrix once again, this time to reflect recent changes to Kentucky and Iowa’s laws.
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Law360: 5 Tips for Managing the ADA's Interactive Process

April 22, 2014 | Blog

I was quoted in an article published today on Law360 about the ADA's interactive process requirement.
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President Obama Targets Federal Contractors on Pay Disparity Issues

April 21, 2014 | Blog

Last week, President Obama issued two important directives aimed at ending gender pay disparities. The first, an Executive Order, prohibits federal contractors and subcontractors with government contracts exceeding $10,000 from retaliating against employees who discuss their compensation with their co-workers.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 36: Hacking the Affordable Care Act’s $100/Day Penalties for Insurance Market Reform Violations

April 21, 2014 | Blog

Particularly with the issuance of final regulations under the Affordable Care Act’s employer shared responsibility rules, employers have been concerned—justifiably—with the pay-or-play penalties.
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It’s The End of the World as We Know It: Life after Non-Competes in Massachusetts (Why You Should Feel Fine)

April 17, 2014 | Blog

Our colleague, Sarah Hogan, recently posted a fantastic entry on Mintz's brand new Technology Matters blog about Massachusetts' proposed non-compete legislation, with practical guidance for what its passage might mean for your business.
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The Affordable Care Act—Countdown to Compliance for Employers, Week 37: Stalking the Elusive “Variable Hour Employee”

April 14, 2014 | Blog

For “applicable large employers” (i.e., generally, those employers who employed an average of at least 50 full-time employees on business days during the preceding calendar year), determining which employees are “full-time” employees is central to their efforts to comply with the employer shared responsibility provisions of the Affordable Care Act.
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A Check on the EEOC Attack on the Credit Check

April 14, 2014 | Blog

We have written a few times about the EEOC’s closer inspection of background checks and the use of criminal records in employment decisions because of their potential adverse impact on classes of applicants.
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Law360: Employers Shouldn't Strike Out On Leave For New Dads

April 11, 2014 | Blog

Recently, New York Mets player Daniel Murphy was criticized for taking a few days off at the start of the season to bond with his newborn.  In this Law360 Article, I comment on this issue and weigh in on what employers should be doing to comply with the Family and Medical Leave Act.
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