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
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
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.
Eleventh Circuit Won’t Rehear Title VII Sexual Orientation Case; LGBT Advocacy Group Will Appeal to United States Supreme Court
July 11, 2017| Blog
After the Eleventh Circuit denied a petition for rehearing en banc last week in Evans v. Georgia Regional Hospital, LGBT advocacy group Lambda Legal announced that it will appeal the dismissal of its client’s complaint to the United States Supreme Court.
July 11, 2017| Blog
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
July 10, 2017| Blog
Mayor de Blasio recently signed into law five bills collectively called the “Fair Workweek” legislative package, which will significantly impact employers in the retail and fast food industries. The laws are scheduled to take effect on November 26, 2017 – just after Thanksgiving.
July 5, 2017| Blog
California’s new Ban the Box regulation became effective last week. Effective July 1, 2017, questions by public employers concerning an applicant or employee’s criminal convictions will now be subject to the new regulation that employers can locate here.
Second Circuit Denies Latest Request for En Banc Review in Title VII Sexual Orientation Discrimination Case
June 29, 2017| Blog
The Second Circuit has denied a plaintiff’s request to rehear argument en banc (that is, before all of the court’s judges) in a case alleging that Title VII of the 1964 Civil Rights Act prohibits discrimination based on sexual orientation.
Fourth Circuit Holds Complaining Employee is not Protected From Termination if the Employer Terminates Her Because It Believed Her Complaint was Fabricated
June 28, 2017| Blog
A recent Fourth Circuit ruling in a case handled by Mintz Levin provides some comfort to employers concerned about terminating an employee who they believe has made a false complaint of discrimination.
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.
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.
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
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.
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.
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.
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