Employment

Welcome to this month’s edition of the Bubbler! Now that fall is fast approaching we’re refreshing your memory of some key recent developments as we head into the new season:

Adherence to the COBRA health care continuation rules is not always high on an employer’s list of priorities. Compliance is often “outsourced,” and even when handled “in-house,” it rarely consumes much attention. A recent case, Hager v. DBG Partners, Inc., illustrates that inattention can be costly for employers. This post explains why.

Now that Labor Day is behind us, we are looking ahead to the various compliance deadlines facing New York State and New York City employers this fall.

In our sister blog, ADR: Advice from the Trenches, Gil Samberg explains the Sixth Circuit’s ruling, applying the Supreme Court’s reasoning in the recent Epic Systemscase, that the “collective action” provision of the FLSA does not render a collective action waiver in an arbitration agreement unenforceable.

Jen Rubin explains the need for employers to build trust in the workplace in the wake of the #MeToo movement by properly training HR professionals and regularly communicating policies.

Jen Rubin explains that while a private employer can set its own rules regarding what an employee can and cannot say in the workplace, there are some restrictions on a private employer’s ability to take an adverse employment action against an employee based upon certain speech.

Jen Rubin discusses state and municipal legislation that prohibits employers from asking applicants about their salary history. These laws are intended to prevent employers from artificially setting salaries based upon what the individual earned in the past, but rather, their qualifications for the position.

Jen Rubin takes a look at both the benefits and costs of employing arbitration as a mechanism to resolve employment disputes.

Jen Rubin discusses the key things employees need to understand in the wake of the #MeToo movement including reasonable expectations for the handling of a complaint of harassment or other misconduct and any subsequent punishment.

Jen Rubin explains the need for employers to ensure that their interviewers are properly trained to avoid running afoul of state and municipal legislation regarding salary history as well as what a candidate should do if they are asked about their salary history in a jurisdiction in which such an inquiry is prohibited.

Jen Rubin explains that while bullying in the work place isn’t illegal unless the bullying is related to a protected category, employers should consider instituting anti-bullying training as a best practice.

Jen Rubin discusses the different types of post-employment restrictions, including non-competition agreements and non-solicitation agreements, as well as the need for employers to carefully consider what they are trying to protect before drafting and enforcing these policies. 

Jen Rubin discusses the need for employers to comply with applicable state laws that govern how an individual is properly classified as an independent contractor and the associated penalties should an employer fail to do so.

Jen Rubin, a member in Mintz's Employment, Labor and Benefits practice, wrote about the need for a thoughtful and fair investigative process in the wake of the #MeToo movement.

Earlier this year, we wrote about the sweeping legislative changes enacted by New York State and New York City aimed at preventing workplace sexual harassment in the wake of #MeToo.

Non-compete reform has come to Massachusetts, with wide-ranging legal and practical implications for any employers with workers in Massachusetts. Employers have just six weeks to consider and adopt a new approach to non-compete agreements for their workforces.

Employers in Massachusetts are watching closely as a non-compete bill was recently passed by the Legislature and is now on Governor Baker’s desk.

The Office of Labor Policy & Standards, the office responsible for enforcing NYC’s employment laws, recently released guidance on the new Temporary Schedule Change Law. The law, which took effect on July 18, 2018, was passed with little fanfare, but left employers asking many questions about how to effectively implement its requirements.

We want to dedicate our August Bubbler feature to our readers, who have helped Mintz’s blog achieve such an august reputation. This month’s namesake (Emperor Caesar Augustus) would have been proud to see all of the activity out of the Empire State recently.