The Employment Matters blog, edited by Mintz Levin attorney David Barmak with Martha J. Zackin (of counsel in Mintz Levin’s Boston offices) providing content support, discusses the current state of employment, labor, and benefits law. David and Martha are both a part of the firm’s Employment, Labor, and Benefits practice, and are well versed in employee privacy, hiring practices, and pertinent legislation. The readers and subscribers of Employment Matters can find information on news emanating from the EEOC, DOL, and state and federal courts on a regular basis.
- Practice Area
- Administrative Law
- Admiralty & Maritime Law
- Advertising Law
- Alternative Dispute Resolution
- AmLaw 200 Blogs
- Antitrust Law
- Civil Rights & Privacy Law
- Consumer Law
- Corporate & Commercial Litigation
- Criminal Law
- Divorce & Family Law
- Education Law
- Election Law & Political Commentary
- Electronic Discovery
- Employment & Labor Law
- Environmental Law
- General Counsel Blogs
- Immigration Law
- Insurance Law
- Intellectual Property Law
- International Law
- Judiciary Law
- Media, Entertainment & Sports Law
- Law Firm Management & Legal Marketing
- Personal Injury & Medical Law
- Probate & Estate Planning
- Real Estate & Construction Law
- Tax & Financial Law
- Whistleblower Law
- Workers' Compensation
- Law School
News outlets are all a-twitter about the practice of some employers to ask applicants for their Facebook login and password information, so they can have a “look around” as part of the interview process. Click here and here for here, for sample stories. The ACLU has weighed in, with the...
“Caregiver responsibilities” is not a protected category under federal fair employment practice laws, meaning that it is not unlawful to discriminate against individuals with caregiving responsibilities. Nevertheless, the EEOC has historically taken the position that such...
By Jillian M. Collins The Justice Department announced that the new ADA Standards for Accessible Design (“Standards”) went into effect last Thursday, March 15. The Standards were adopted as part of the 2010 revisions to the ADA regulations. The new requirements will provide...
The New York State Senate Passes Bill Eliminating the Annual Pay Notice Requirement Under the New Wage Theft Prevention Act
By Michael S. Arnold Quick update on the New York Wage Theft Prevention Act, which we reported about here, here and here. The New York Senate has passed a bill eliminating the requirement that employers provide their employees with an annual pay notice. The bill now goes to the New York State...
FEDERAL COURT REJECTS BID TO SCRAP THE NLRB'S RULE REQUIRING NON-UNION EMPLOYERS TO POST NOTICE OF UNIONIZATION RIGHTS
By Michael S. Arnold The NLRB’s new notice-posting requirement is one step closer to reality as the United States District Court for the District of Columbia has, in National Ass'n of Manufacturers v. National Labor Relations Board, dismissed a claim by various business groups claiming...
We have written before about the EEOC’s position that inflexible leave of absence policies may violate the Americans with Disabilities Act. For example, as discussed in a prior blog entry, in July 2011, the EEOC settled a lawsuit filed against Verizon and a number of its subsidiaries,...
Supreme Court Leaves Intact Decision Refusing to Extend the Fair Labor Standards Act's Anti-Retaliation Provision to Prospective Employees
By Michael S. Arnold The Supreme Court has refused to consider the issue of whether the Fair Labor Standards Act’s anti-retaliation provision applies to prospective employees. Its refusal leaves intact a Fourth Circuit Court of Appeals decision extending the FLSA anti-retaliation provision to...
Employee is Not "Substantially Limited" Under the ADA When He is Able to Work a 40-Hour Week But No Overtime.
By Joel M. Nolan Some people just can’t catch a break. In recent years, this was certainly true of Michael Boitnott, an employee of Corning Incorporated. Mr. Boitnott, a maintenance engineer, worked a schedule that was typical for similarly-situated co-workers, which included...
Anyone who works frequently with employment counsel has heard the words “it depends” – it (the answer to a question) depends on the specific facts and circumstances at issue, which should be analyzed and discussed before a course of action is determined. Two recent cases...
Unpaid interns: They are as ubiquitous as taxis in New York and suntans in Los Angeles, especially in the entertainment, media, and fashion industries. Indeed, for many college students and graduates, unpaid internships represent a door to possible future employment in these competitive...