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. The Third Circuit’s ruling is a welcome result, especially for employers who deal with the federal government and may, therefore, be exposed to FCA retaliation claims. But, employers need to be mindful that different causes of action have different causation standards. For example, the more stringent “but for” standard applied by the Third Circuit to FCA retaliation claims also applies in Title VII retaliation and ADEA cases, but the lower “mixed motive” standard applies in other cases, including “status based” Title VII and ADA discrimination claims. So, employers are left with a mishmash of different causation standards to consider when assessing risk around employment decisions and defending cases.
Employers often struggle over compliance with state wage deduction laws, and these potential violations carry with them considerable penalties. In Massachusetts, for example, employers face triple damages for violations of wage and hour laws. This post uses hypothetical examples to demonstrate how narrow the range of permissible activity is under California, Massachusetts, New York, and Washington D.C. laws even when a deduction to an employee’s salary appears as a common sense one or otherwise fair to both parties involved. Employers with employees located in these and other states should consult with legal counsel before making any deductions from employee wages, even if the employee authorizes such a deduction.
So, for example, can employers deduct from employee wages for the cost of uniforms? Personal expenses on corporate credit cards? Broken printers? Let’s explore…
California’s PAGA Saga continues with a pair of recently issued appellate decisions impacting these legally created class action-like lawsuits.
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. One of the most vexing issues for employers trying to comply with the FMLA is “intermittent” or “reduced-schedule” leave.
In today’s global economy, the landscape surrounding immigration issues is becoming increasingly complex. Penalties for violations of federal and state immigration rules extend beyond civil fines to more serious consequences, including but not limited to, criminal liability. Now more than ever companies must stay ahead of the latest in immigration law and compliance. In a three-part webinar series, Mintz Levin’s Immigration Practice aims to arm employers with best practices and tools regarding compliance in key areas of immigration law.
Part I: I-9 Compliance and Best Practices — Monday, May 8, 2017
Part II: E-Verify Compliance and Best Practices — Tuesday, May 30, 2017
Part III: Wages, Recordkeeping, and Job Changes – Compliance in Employment-Based Immigration — Thursday, June 22, 2017
Don’t wait, register for all or any combination of webinars in the Immigration Webinar Series starting May 8, 2017!
It’s been a terrific run. A real Cinderella story. Who would have thought that a little blog out of the northeast region could make so much noise in the thought leadership world?! We learned a lot along the way and we hope you did too. While we celebrate by cutting down the (inter)net (or better yet, by removing the keys from our keyboard), here’s a quick recap of where we’ve been:
Wearable technology continues to do a full court press on the marketplace and in the process, the step counters of the world and health apps tied to devices capable of tracking real-time biostatistics, are revolutionizing the way companies think about wellness. Wearables are the latest in workplace fads and they’ve got the numbers to back it up: sales are likely to hit $4 billion in 2017 and 125 million units are likely to be shipped by 2019. Wearable technology has transformed the workplace just as more and more employers are utilizing wellness programs to improve employee motivation and health. As the popularity of these technologies soars, so too will concerns around the associated privacy and data security risks. In this blog post, we discuss just a few of the legal implications for employers who run wellness programs embracing this new fad.
Friendly reminder to our readers that on April 6, 2017, Mintz Levin will be hosting its Third Annual Employment Law Summit at the Princeton Club in New York City. This half-day seminar will feature as its keynote speaker Liz Vladeck, the Deputy Commissioner for the Office of Labor Policy and Standards at the NYC Department of Consumer Affairs. Deputy Commissioner Vladeck will discuss NYC’s new Office of Labor Policy and Standards, its initiatives, and enforcement of the expanding universe of NYC employment laws (i.e. Freelance Workers act). The seminar will also offer various segments on the most important workplace issues of the day, including how the new Trump Administration will impact workplace law, cybersecurity issues in the workplace, equal pay, wage and hour, employee relations, employee benefits, and more – it’s a program that you will not want to miss. Registration is still open, so if you would like to attend click here.
This event is intended for HR professionals, in-house counsel, and senior executives.
We are well into March Madness … and Happy St. Patrick’s Day!
You may have already had your bracket busted by now…..but you should have Mintz Levin’s Third Annual Employment Law Summit on your schedule and the panel on Cybersecurity and Employee Data Breaches may help you avoid a security incident/personal data buster.
This time of year usually marks the sports netherworld between the Super Bowl and the NCAA Men’s Division I Basketball Tournament, which is better known as March Madness. This lull provides employers with an excellent opportunity to contemplate the issues that March Madness creates in their workplace. We explore some of those issues below.
Continue Reading Does March Madness = Workplace Madness? Some Thoughts on the Legality of NCAA Bracket Pools, the Tournament’s Effect on the Workplace, and of course, a Rendition of One Shining Moment (UPDATED)