In a March 15, 2018 Law360 article, Mintz Levin Employment, Labor and Benefits practice leader Michael Arnold discusses the intersection between March Madness and employment law. For the full story, click here.
Natalie is an Associate in the firm’s Boston office. Her practice focuses on litigating a wide variety of labor and employment disputes and counseling clients on workplace and employee issues. She represents clients in disputes about non-competition and non-solicitation agreements, discrimination and harassment claims, and wage and hour compliance in state and federal courts, as well as before administrative agencies. She also advises clients on workplace policies, employment agreements, employee classifications and internal workplace investigations.
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. For the full story, click here.
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. While neither the U.S. Supreme Court nor various Courts of Appeal have grappled with the viability of a class arbitration award, courts in the Second Circuit are taking the lead in addressing such issues.
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. While federal law does not govern these areas, the activity within state and local governments should catch all of our attention, particularly as employers with operations in multiple states deal with the overlapping (and, at times, seemingly in conflict) provisions of these various laws. These will, quite undoubtedly, continue to expand.
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. While this only applies in the Sixth Circuit (for now), it’s an important development in this area of the law.
On December 1, 2017, two weeks after being sworn in, NLRB General Counsel Peter Robb issued his first GC Memorandum. When the General Counsel’s office changes hands from one party to the other, some disruption is expected. Here, Mr. Robb made quite clear that his agenda would not support many of the Obama-era initiatives. In fact, he called into question fifteen significant legal issues that will now be subject to “alternative analysis” (i.e., seeking reversal of earlier precedents that Mr. Robb deems to be wrongly decided), rescinded seven memoranda, and revoked five initiatives.
As Mr. Robb’s agenda continues to unfold, we will track significant developments to explain how these decisions will impact employers. Here is the list of his actions so far plus an added bonus – NLRB decisions overruling Obama-era NLRB rulings:
As reported by our sister blog, Privacy and Security Matters, the European Union’s General Data Protection Regulation (GDPR) is a game changer, and it is likely to impact US based companies who do business in the EU, even if they don’t have a office or employees located there. We will present an in-person seminar in Boston (November 28), New York (November 29) and Washington, DC (November 30) to address GDPR compliance. You can register here.
Trick or Treat! This month’s Bubbler is a cauldron full of hot new developments in employment law … the NYC Salary History law is now in effect … California followed suit and its salary history law will take effect on January 1, 2018, just after Delaware and just before Massachusetts … Employers in New York are preparing to implement the new Paid Family Leave law, joining California, New Jersey and Rhode Island as the fourth state to provide this paid leave through employee-paid payroll taxes … The Supreme Court heard oral arguments in the class action waiver case … the NYC Council passed a bill to expand the Earned Sick Time Act … and the Third Circuit cited to a Harry Potter novel in an FLSA decision.
Hurricanes. Fires. Floods. Shootings. The evening news seems consistently laden with catastrophe.
In times like these, a federal agency called the National Disaster Medical System (NDMS) often springs into action. The NDMS, created in 2002 under the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, is a corps of volunteer reservists who perform a variety of disaster-relief services. While NDMS members are often medical clinicians providing health services (including doctors, nurses, paramedics, physician assistants, and pharmacists), teams may also include other non-medical professionals such as logistical specialists, information technologists, fatality management, veterinary professionals, and communication and administrative specialists.
Relevant to employers, NDMS reservists are protected by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).