Employment, Labor & Benefits
Viewpoints
Filter by:
Show or Tell: A Road Map for Board Diversity Laws
June 13, 2022 | | By Jennifer Rubin
EEOC Issues Guidance Addressing How the Use of Artificial Intelligence in Employment Decisions Could Violate the ADA
June 8, 2022 | Blog | By Michelle Capezza, Evan Piercey
Two Strikes Against Board Diversity: What’s Next for Statutory Governance Initiatives?
May 17, 2022 | Blog | By Jennifer Rubin
NYC Council Amends Salary Range Transparency Law; Delays Implementation Date
May 3, 2022 | Blog | By Michael Arnold, Corbin Carter, Danielle Dillon
Massachusetts Supreme Judicial Court Holds That Wages Due Solely Under the Federal Overtime Statute (FLSA) Are Not Trebled Under the Massachusetts Wage Act
April 27, 2022 | Blog | By Brendan Lowd, Danielle Dillon
Massachusetts Paid Family and Medical Leave Updates – What You Need to Know
April 21, 2022 | Blog | By Natalie C. Groot, Danielle Dillon
The Massachusetts Department of Family and Medical Leave (the “Department”) has issued a series of updates concerning Massachusetts Paid Family and Medical Leave (“MAPFML”). These updates reflect the latest changes made to MAPFML since the Department’s last quarterly briefing, as discussed in our prior coverage of the MAPFML.
Read more
The Massachusetts High Court Holds That Employers Are Now Automatically Liable For Treble Wage Damages for Any Untimely Paid Final Wages
April 15, 2022 | Blog | By Brendan Lowd, Danielle Dillon
The Massachusetts Supreme Judicial Court (“SJC”) – Massachusetts’ highest court – recently held that under the Massachusetts Wage Act (“Wage Act”) employees are entitled to automatic treble wage damages – that is, three times the amount of the unpaid wages –for any late wage payments, even if the employer fixed the payment error before the employee commenced a proceeding. This post reviews the SJC's decision and the key takeaways.
Read more
California Court Strikes Down Board Diversity Law: Now What?
April 14, 2022 | Blog | By Jennifer Rubin
Jen Rubin, chair of Mintz’s ESG practice group, looks at the recent California court decision striking down the state’s law mandating corporate board seats for underrepresented communities. She says boards still need to dedicate themselves to a meaningful process for seating the right board and offers suggestions for ways to ensure community representation.
Read more
New York City Commission on Human Rights Provides Salary Range Transparency Act Guidance
April 11, 2022 | Blog | By Danielle Dillon, Evan Piercey, Michael Arnold, Jennifer Rubin
The New York City Commission on Human Rights has released a Fact Sheet entitled Salary Transparency in Job Advertisements, which provides much-welcomed guidance to employers on the NYC Salary Range Transparency Act. Some questions, however, remain unanswered.
Read more
Webinar Recording: Telehealth Risk Management
April 6, 2022 | Webinar | By Nancy Adams, Lara Compton, Todd Rosenbaum, Jennifer Rubin
New York State HERO Act Designation Expires
March 21, 2022 | Blog | By Evan Piercey
On March 17, 2022, the designation of COVID-19 as an airborne infectious disease that presents a serious risk of harm to the public health under the HERO Act ended. The New York State Department of Labor (“NYSDOL”) declined to extend this designation. The most immediate effect of this designation ending is that the activation of workplace exposure prevention plans mandated under the HERO Act is over.
Read more
The Department of Labor Addresses 401(k) Plan Investments in Cryptocurrencies
March 17, 2022 | Blog
EEOC (Again) Updates Religious Accommodation and Vaccine Mandate Guidance
March 14, 2022 | Blog | By Danielle Bereznay, Corbin Carter
The EEOC has once again updated its guidance and answers regarding the ongoing COVID-19 pandemic’s interaction with anti-discrimination laws. We previously discussed this guidance here. This guidance, updated on March 1, 2022, provides additional detail to Section L (Vaccinations – Title VII and Religious Objections to COVID-19 Vaccine Mandates). We discuss the key details below.
Read more
Health Plan Transparency and the Case for Welfare Plan Fiduciary Committees
March 7, 2022 | Blog
The Consolidated Appropriations Act, 2021 (the “Act”) adopted a series of transparency requirements that apply to employer-sponsored group health plans. These transparency rules impose a series of new and complex obligations on plan fiduciaries that mirror the rules that have governed retirement plan fiduciaries for the last decade. While both pension and welfare plans are subject to ERISA’s fiduciary standards, fiduciary committees, which are common in the case of retirement plans, are far less common where welfare plans are concerned. The new law provides compelling reasons for this to change.
Read more
What Does ESG Mean for Your Organization?
March 3, 2022 | Webinar
In the latest discussion in our ESG webinar series, O’Kelly E. McWilliams III was joined by an informative panel featuring Katherine Grawe, Joe Aguilar, and Mamadou-Abou Sarr. In this webinar, our panelists explored how a variety of issues informed the deployment of ESG policies and shared best practices for putting ESG into action.
Read more
(Updated) Congress Ends Mandatory Arbitration of Sexual Harassment and Sexual Assault Claims
February 18, 2022 | Blog | By Delaney Busch, Danielle Dillon
Congress has passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, marking a milestone in the #MeToo movement. This legislation (which President Biden is expected to sign into law) will effectively end mandatory arbitration of sexual assault and harassment disputes. Employees will now have a choice to proceed with their claims via arbitration or in court.
Read more
Hughes v. Northwestern University: Lessons for Retirement Committees and Other Fiduciaries
February 16, 2022 | Blog
The Supreme Court recently handed down its much-anticipated decision in Hughes v. Northwestern University. The question before the Court is whether the petitioners – current and former participants in two retirement plans maintained by the University – plausibly stated a claim for breach of fiduciary duty. This post reports on the decision and considers its significance to retirement committees and other fiduciaries who oversee and administer plans with participant-directed investments.
Read more
Impact of Recent OSHA and CDC Updates on Employers’ Mandatory Vaccination Policies
February 14, 2022 | Blog | By Natalie C. Groot, Danielle Dillon
Now that OSHA has withdrawn its vaccine or test rule, many employers are considering the use of mandatory vaccination policies in their workplaces. Employers have met this development with varied responses – some employers have rescinded vaccination requirements that were compliant with the more stringent OSHA Emergency Temporary Standard (“ETS”) requirements, some have retained mandatory vaccination policies compliant with the now-withdrawn ETS, and still others have created mandatory vaccination policies without reference to the ETS.
Read more
Webinar Recording: Hot Topics in Employee Benefits and Executive Compensation: What's New in 2022?
February 9, 2022 | Webinar | By Michelle Capezza, David Lagasse, Anne Bruno
In this webinar, members from our Employee Benefits & Executive Compensation Practice discuss the latest in how employers must continue to manage their benefits and compensation programs to attract and retain talent. Hear our attorneys talk about 2022 trends in benefits and compensation and how companies should address the wide array of compliance issues affecting their programs.
Read more
NY State Secure Choice Savings Program Implementation Phase Begins
February 4, 2022 | Blog | By Michelle Capezza
Last year, New York State joined an ever growing number of states requiring certain employers to either offer employees a retirement savings plan or enroll in the applicable state program. More specifically, the New York State Secure Choice Savings Program (“NY Secure Choice”) provides a retirement savings program in the form of an automatic enrollment payroll deduction IRA (similar to a Roth IRA) that allows employees to opt-out from participation. New York State employers, whether for profit or not for profit, with at least ten employees in the state at all times during the previous calendar year, who have been in business at least two years, and have not offered a qualified retirement plan in the last two years, are subject to the participation requirements of the NY Secure Choice (“Applicable Employers”).
Read more
Explore Other Viewpoints:
- Antitrust
- Appellate
- Arbitration, Mediation & Alternate Dispute Resolution
- Artificial Intelligence
- Awards
- Bankruptcy & Restructuring
- California Land Use
- Class Action
- Complex Commercial Litigation
- Construction
- Consumer Product Safety
- Cross-Border Asset Recovery
- Debt Financing
- Direct Investing (M&A)
- Diversity
- EB-5 Financing
- Education & Nonprofits
- Employment, Labor & Benefits
- Energy & Sustainability
- Environmental Enforcement Defense
- Environmental Law
- FDA Regulatory
- Federal Circuit Appeals
- Financial Institution Litigation
- Government Law
- Growth Equity
- Health Care
- Health Care Compliance, Fraud and Abuse, & Regulatory Counseling
- Health Care Enforcement & Investigations
- Health Care Transactions
- Health Information Privacy & Security
- IP Due Diligence
- IPRs & Other Post Grant Proceedings
- Immigration
- Insolvency & Creditor Rights Litigation
- Institutional Investor Class Action Recovery
- Insurance & Financial Services
- Insurance Consulting & Risk Management
- Insurance and Reinsurance Problem-Solving & Dispute Resolution
- Intellectual Property
- Investment Funds
- Israel
- Licensing & Technology Transactions
- Life Sciences
- Litigation & Investigations
- M&A Litigation
- ML Strategies
- Medicare, Medicaid and Commercial Coverage & Reimbursement
- Mergers & Acquisitions
- Patent Litigation
- Patent Prosecution & Strategic Counseling
- Portfolio Companies
- Privacy & Cybersecurity
- Private Client
- Private Equity
- Pro Bono
- Products Liability & Complex Tort
- Projects & Infrastructure
- Public Finance
- Real Estate Litigation
- Real Estate Transactions
- Real Estate, Construction & Infrastructure
- Retail & Consumer Products
- Securities & Capital Markets
- Securities Litigation
- Special Purpose Acquisition Company (SPACs)
- Sports & Entertainment
- Strategic IP Monetization & Licensing
- Tax
- Technology
- Technology, Communications & Media
- Technology, Communications & Media Litigation
- Trade Secrets
- Trademark & Copyright
- Trademark Litigation
- Venture Capital & Emerging Companies
- White Collar Defense & Government Investigations
- Women's Health and Technology