Join Mintz Levin Employment, Labor and Benefits attorney Jennifer Rubin and a panel of corporate counsel and human resources professionals to discuss the #MeToo movement and its impact on the HR function at Mintz Levin’s Fourth Annual Employment Law Summit in New York City on April 19, 2018.

Continue Reading Mintz Levin 4th Annual Employment Law Summit — The Role of In House Counsel and Human Resources Professionals in the #MeToo Movement

The New York City Council recently passed a bill that will require employers to grant two temporary schedule changes per calendar year to employees for qualifying “personal events.” The law will take effect on July 18, 2018 and will add to the increasingly complex obligations of employers to track and respond to employee leave requests.

Continue Reading New York City Will Require Employers to Grant Temporary Schedule Changes

The contraceptive mandate, one of the more controversial provisions of the Affordable Care Act, continues to make news as various stakeholders duke it out in and out of court.  This blog post describes the history of the contraceptive mandate as well as a recent court loss delivered to the Commonwealth of Massachusetts on March 12, 2018 in the United States District Court for the District of Massachusetts.

Continue Reading The Affordable Care Act’s Contraceptive Mandate: A Loss in Massachusetts and Other Current Events

The U.S. Court of Appeals for the Sixth Circuit ruled on March 7 that employer R.G. & G.R. Harris Funeral Homes unlawfully discriminated on the basis of sex when it fired a transgender employee after she informed the company that she would begin presenting consistent with her gender identity.  In so doing, the court emphatically rejected the employer’s defense invoking religious liberty to discriminate on the basis of sex and other protected minorities.  On the heels of the Second Circuit’s decision in Zarda v. Altitude Express, this case represents a further affirmation that existing civil rights laws protect LGBTQ employees from both gender identity and sexual orientation discrimination.

Continue Reading Sixth Circuit Delivers One-Two Punch Knocking Out Transgender Discrimination

On March 6, 2018, the U.S. Department of Labor (“DOL”) announced a new pilot program, the Payroll Audit Independent Determination (“PAID”) program, which encourages employers to self-report inadvertent overtime and minimum wage violations under the Fair Labor Standards Act (“FLSA”).  The program, which is expected to launch in April 2018, will be rolled out as a six month pilot program, after which the DOL will decide whether to make the program permanent based on its effectiveness, participation rate, and results.

Continue Reading U.S. Department of Labor Launches Wage and Hour Self-Reporting Program

Phew – it has been a whirlwind of a month in the employment law world! Just in time for spring, new laws are popping up like crocuses just about everywhere we turn.

Here is your monthly rundown of the most recent developments in labor and employment law: The Supreme Court significantly narrowed whistleblower protections under Dodd Frank with its decision in Digital Realty Trust, Inc. v. Somers.  The Second Circuit became the second circuit court to prohibit sexual orientation discrimination when it issued a decision holding that sexual orientation discrimination is sex discrimination under Title VII. In New York, just as employers finished preparing for and implementing the New York Paid Family Leave law, New York City passed new legislation requiring employers to grant temporary schedule changes for qualifying personal events, and amending the requirements for employers and employees engaging in a cooperative dialogue concerning a reasonable accommodation. The Massachusetts Attorney General’s Office issued guidance on the pay equity law scheduled to take effect in July; Austin, Texas became the first Texas municipality to enact a paid sick and safe leave law; and new legislation intending to crack down on sexual harassment has been proposed in several jurisdictions, including Connecticut and New York City. Stay tuned for further updates and more details on these developments which we will be covering more extensively here in the coming weeks.

In the meantime, don’t forget to register to attend our Fourth Annual Employment Law Summit on April 19!

Austin, Texas recently became the first municipality in the South to enact a paid sick and safe leave law for private sector employees.  The sick and safe leave ordinance will take effect on October 1, 2018 for employers with five or more employees.  Employers with fewer than 5 employees will have an additional two years – until October 1, 2020 – to begin complying.

Continue Reading Austin Adopts Paid Sick and Safe Leave

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.  This time, in Zarda v. Altitude Express, Inc. the Second Circuit overturned decades of precedent and ruled that Title VII’s ban on discrimination “because of . . . sex” encompasses discrimination based on sexual orientation.   The decision is also an apparent rebuke of the position taken by the United States Department of Justice (contrary to the Equal Employment Opportunity Commission’s position) that sexual orientation discrimination was never intended to by Congress to be covered by Title VII.  The issue is almost certainly headed to the Supreme Court in its next term.

Continue Reading Second Circuit Becomes the Second to Prohibit Sexual Orientation Discrimination

On April 19, 2018, Mintz Levin 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. District Director Berry will discuss the main objectives of the EEOC’s recently-released Strategic Enforcement Plan, as well as sexual harassment in the workplace and best practices for responding to charges of discrimination. The seminar will also offer various segments on the most important workplace issues of the day, including sexual harassment in the wake of #metoo, family leave and caregiver accommodations, implications of the new federal tax law, wage and hour issues, and more. It’s a program you will not want to miss, so register now!

This event is intended for C-Level Executives, HR Executives, Compliance Officers, In-house Counsel, and HR Directors and Staff.

For more information and to register, click here.