March 1, 2018 | Blog | By Don Davis
On Monday, for the second time in less than a year, a federal appeals court ruled that Title VII forbids sexual orientation discrimination because it is a form of sex discrimination.
February 26, 2018 | Blog
On April 19, 2018, Mintz will be hosting its Fourth Annual Employment Law Summit at the Princeton Club in New York City. This half-day seminar will feature as its keynote speaker Kevin Berry, the District Director of the EEOC’s New York District Office.
February 23, 2018 | Blog | By Don Davis
On Wednesday this week, all nine justices agreed that the Dodd-Frank Act’s anti-retaliation provision does not extend to an individual who has not reported a violation of the securities laws to the Securities and Exchange Commission (“SEC”). In other words, making only internal complaints does not shroud an employee in whistleblower protection under the Dodd-Frank Act.
February 22, 2018 | Blog | By Alden Bianchi
In advance of issuing the Executive Order that culminated in the promulgation by the Department of Labor of proposed regulations expanding the availability of Association Health Plans, President Trump announced that one of the purposes of the order was to allow people to buy health insurance “across state lines.”
February 22, 2018 | Blog | By Natalie Young
Mintz Levin Benefits attorney Patricia Moran recently published an article in SHRM describing the cybersecurity risks involved with 401(k) Plan sponsorship. The article is a great resource for employers who sponsor 401(k) or other retirement plans, especially those who share employees’ sensitive information with third party administrators.
February 21, 2018 | Blog | By Natalie Young
As reported by our sister blog, ADR: Advice from the Trenches, a federal district court in New York held that an arbitrator could not certify a “class” that included non-appearing members.
February 12, 2018 | Blog | By Alden Bianchi
Recently proposed Department of Labor (Department) regulations governing Association Health Plans (AHPs) would, if made final, permit small employers to be regulated under more favorable, large group rules. The proposed regulations modify the rules governing fully-insured AHPs; they do not change the way that self-funded AHPs are regulated.
February 12, 2018 | Blog | By Bruce Sokler
As we reported in an earlier blog post, the Federal Trade Commission and Department of Justice issued guidance in the waning days of the Obama administration reminding HR professionals and others that the antitrust laws could apply in the employment arena, particularly with respect to hiring and compensation matters.
February 9, 2018 | Blog | By Gauri Punjabi
The Massachusetts Supreme Judicial Court recently ruled in Mui v. Massachusetts Port Authority that payment for accrued, unused sick time is not a “wage” under the state wage act, M.G.L. c. 149, s. 148, and therefore a failure to pay for sick time upon a termination of employment is not subject to the Act’s treble damages and other remedies.
February 7, 2018 | Blog | By Natalie Young
Now that January has come to an end, and we’ve navigated compliance with our own resolutions and employment obligations (as discussed on our latest post on The Bubbler), we’re going to take a look at a few topics of legislation that are brewing on the state and local level.
February 5, 2018 | Blog | By Natalie Young
As reported by our sister blog, ADR: Advice from the Trenches, the Sixth Circuit determined that an employer's notice of its mandatory arbitration policy -- without more to secure the employee's knowing assent to this employment term -- is not enough to compel arbitration.
February 1, 2018 | Blog | By Don Davis
On January 12, 2018, the Maryland Senate joined the Maryland House in voting to override Governor Hogan’s veto of House Bill 1, the Maryland Healthy Working Families Act, which requires employers to provide paid sick and safe leave to hundreds of thousands of Maryland workers.
January 22, 2018 | Blog | By Brie Kluytenaar
Did you get your first request for paid family leave yet? Well it’s finally here – New York State’s Paid Family Leave law finally touched down in workplaces across the state on New Year’s Day. As of this writing, millions of New York employees are now entitled to eight weeks of paid family leave benefits and the job protection rights that come along with it.
January 22, 2018 | Blog | By Alden Bianchi
In last week’s post we explained the changes made by a newly proposed Department of Labor regulation, the purpose of which is make it easier for small employers to band together to form “association health plans” (“AHPs”).
January 17, 2018 | Blog | By Don Davis
2017 is in the books and 2018 is now upon us. A dramatic close to 2017 on Capitol Hill ushered in sweeping changes to the tax code that will begin to impact both employers and employees in a number of ways.
January 17, 2018 | Blog | By Patricia Moran
On April 2, 2018, significant changes to ERISA’s disability claims procedures will take effect. These new rules will require all ERISA-covered plans which provide disability benefits to make significant modifications to the way disability benefit claims are reviewed and decided.
Third Circuit Rules that Employer-Friendly “But For” Causation Standard Applies to False Claims Act Retaliation Claims
January 16, 2018 | Blog | By David Barmak, Don Davis
In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower “motivating factor” (also commonly known as the “mixed-motive”) standard.
January 16, 2018 | Blog | By Alden Bianchi
Massachusetts employers with 6 or more employees will soon be required to prepare and file a new health care reporting form referred to as the “healthcare coverage form.” While reminiscent of the now repealed “Health Insurance Responsibility Disclosure” or “HIRD” form requirement, the new form differs significantly.
January 11, 2018 | Blog | By Patricia Moran
Happy New Year! It’s that time when we all vow to better ourselves in the months ahead. Resolutions abound, and they need not be limited to individual self-improvement. Employers too have many opportunities for betterment in the New Year.
The Department of Labor’s Newly Issued Association Health Plan Proposed Regulations Include Welcome Changes for Employers But Would Present State Regulatory Challenges
January 10, 2018 | Blog | By Alden Bianchi
On January 3, 2018, the Department of Labor issued proposed regulations that will make it easier for small employers to band together to form “association health plans” (“AHPs”), thereby providing access to more liberal underwriting and other rules governing large groups. This post provides context for, and summarizes the changes made by, these proposed regulations.
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