Last week, the U.S. Supreme Court declined to review a decision by the Seventh Circuit Court of Appeals holding that a multi-month leave of absence is beyond the scope of a reasonable accommodation under the Americans with Disabilities Act (ADA). The plaintiff in Severson v. Heartland Woodcraft, Inc. had asked the Supreme Court to decide whether there is a per se rule that a finite leave of absence of more than one month cannot be a reasonable accommodation under the ADA.  Without the Supreme Court stepping in to resolve the split among the federal circuit courts, employers are left without clear guidance as to how to navigate the interplay between the ADA and extended leaves of absence.

Continue Reading Employers Left in the Dark After U.S. Supreme Court Declines to Issue Ruling on Long Term Leave as a Reasonable Accommodation Under the ADA

Join us in a discussion on the increasingly complex landscape of employee misclassification as we explore best practices to help your company avoid the costly pitfalls and time consuming litigation that can result from this expensive mistake.

Continue Reading Mintz Levin 4th Annual Employment Law Summit – The High Cost of Worker Misclassification

Today we continue with our Year in Review segment, which looks at the key labor & employment law developments from 2016 in New York, the DC Metro Area, Massachusetts, and California, while offering our thoughts about 2017.  Today we turn to the DC Metro Area.  In addition, please join us in NYC on April 6, 2017 for Mintz Levin’s Third Annual Employment Law Summit as we address some of the key labor & employment issues impacting employers in 2017.  Register here

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The District of Columbia, Maryland (including Montgomery County) witnessed an active 2016 with respect to new and amended workplace laws that impose additional responsibilities on employers, and expand employee rights and avenues of enforcement.  Employers should be aware of these new requirements and take immediate action to comply with them.  We highlight below the most significant updates in both D.C. and Maryland; there were no changes or additions of significance in Virginia.

Continue Reading 2016 DC Metro Area Employment Law Year In Review

The New York State Workers’ Compensation Board is out with proposed regulations providing guidance to employers, insurance carriers and employees regarding their rights and responsibilities under New York’s new Paid Family Leave law, which is scheduled to go into effect January 1, 2018.  Comments on the proposed rules will be accepted for 45 days – until April 8th (although we note that’s a Saturday).  For our earlier post on the enactment of the Paid Family Leave Act, see here.

Continue Reading New York Paid Family Leave Proposed Regulations Filed

Over the next two weeks we will release our Year in Review segment, which will look at the key labor & employment law developments from 2016 in New York, the DC Metro Area, Massachusetts, and California while offering our thoughts about 2017.  Today we kick off this segment with New York.  In addition, please join us in NYC on April 6, 2017 for Mintz Levin’s Third Annual Employment Law Summit as we address some of the key labor & employment issues impacting employers in 2017.  Register here

2016 brought big changes for New York State and City employers, including expansive new discrimination protections and substantial increases in the minimum wage and exempt salary thresholds.  While New York employers who successfully navigated 2016’s rush of legislative, regulatory and judicial obstacles might feel they’ve earned the right to shift their focus back from compliance issues to running their businesses, they should not lose sight of the additional challenges expected in 2017.

Continue Reading 2016 New York Employment Law Year In Review

Ah, the tell-tale signs of March are here.  The winter is starting to dissipate in the northern climes, we’ve set the clocks forward, and Syracuse is bound for another Final Four run.  Unfortunately, most teams won’t be so lucky and many coaches will soon find themselves on a beach.  And why not?  After a long, hard-fought season that fell just a bit short, might as well take a warm-weather vacation – go for a quick swim, maybe hit the amusement park, and take a few pictures of all the fun in the sun and post them to Facebook.  Sounds like a marvelous idea for many NCAA coaches, but not so much for employees out on FMLA leave.  The plaintiff in Jones v. Gulf Coast Health Care of Delaware, a recent case out of a Florida federal court, learned this the hard way.

Continue Reading Busted [Bracket]: Facebook Posts From Employee’s Vacation Undermine FMLA Claims

The Zika virus has been the topic of much discussion and anxiety for many weeks.  The United States Centers for Disease Control and Prevention (CDC) has now issued travel warnings for more than two dozen countries in the Caribbean, Central America and South America and cases have been reported in at least 13 states and Washington, D.C.  This anxiety has, not surprisingly, crept into workplaces, including those with employees that travel to the affected areas.  This post addresses some of the employment issues raised by the Zika virus.

Continue Reading Zika Virus: Appropriate Workplace Responses

Being a headliner is great but nothing beats being tapped as the opening act. Join me and my panel of corporate counsel and human resources professionals as we warm up the audience at Mintz Levin’s Second Annual Employment Law Summit.

The warm up for our headliner, Carmelyn P. Malalis, Commissioner and Chair of the New York City Commission on Human Rights (who will be addressing new protections and new initiatives in the New York City Human Rights Law), may have a swanky title (“Managing Workplace Policies in a Rapidly Changing Regulatory Environment”) but it will be grounded in practicality.

Today’s workforce is mobile, virtual, transient and litigious. What is a reasonable employer to do?  Should multi-jurisdictional employers practice “most-favored” diplomacy? Or should they continue to stitch together a patchwork of employment policies?

Join us in New York on January 28 as our panel tackles these and other challenging issues.  You can read more about these issues in advance of the seminar here.

By now, many of you have heard about our firm’s Second Annual Employment Law Summit in New York on Thursday, January 28th.  The event features a keynote address by Carmelyn P. Malalis, Commissioner and Chair of the New York City Commission on Human Rights, and it also covers a variety of current employment-related topics.

You won’t want to miss my presentation, entitled “Affordable Care Act Reporting Requirements in Plain English,” which is particularly timely.  While the IRS recently gave employers a modest reprieve (only a few months), much remains to be done in a relatively short period of time –an issue I recently addressed on this blog.  I’d also encourage you to check out my 5 predictions about how compliance with the ACA reporting rules will unfold.

I look forward to seeing you on the 28th in New York.

PS—If you are not already subscribed to our blog, I invite you to do so here.  We are planning to continue our weekly posts on the practical, real-world challenges and issues that employers and their advisors face as they navigate the Affordable Care Act.

Happy New Year to all of our readers!!!  This is just a friendly reminder that our Second Annual Workplace Law Summit is quickly approaching.  It will take place on January 28, 2016 in midtown Manhattan.  Seating is limited so please register now.

This dynamic event will feature Commissioner Carmelyn P. Malalis speaking about New York City’s new discrimination laws and enforcement guidance (including regarding credit checks, criminal history, gender identity/expression and caregiver status discrimination) along with recent Commission initiatives.  It will also offer various segments on the most important issues facing senior executives, HR professionals, and in-house counsel as they enter 2016: wage and hour, leave management, handbooks, ACA, and more.  CLE and HR credit are both available.

This event is intended for HR Professionals, in-house counsel and senior executives.

For more information and to register, click here. We look forward to seeing you there.

And stay tuned for future blog posts previewing our 2016 Employment Law Summit event – first one goes live tomorrow.