EEOC’s Attempt to Limit Reach of Severance Agreements Hits Roadblock… Again
A federal judge in Colorado has once again stymied the EEOC’s efforts to successfully challenge an employer’s standard separation agreement as violating the Age Discrimination in Employment Act. The...
View ArticleDid the NLRB Really Just Grant Employees the Presumptive Right to Use...
In a 3-2 decision divided along party lines, the National Labor Relations Board has ruled that employees have a presumptive right to use their employers’ email systems during non-working time to...
View ArticleWorkplace Challenges in 2015, Part 2 of 5: Continued Focus on Social Media...
During our workplace privacy segment, our presenters, Mintz Levin attorneys Cynthia Larose and Richard Block, and Vice President, Deputy General Counsel of Time, Inc., Michelle Goldstein, addressed...
View ArticleDaylight Savings Time Begins Sunday; When “Springing Forward” Employers...
Though snow still blankets the ground in many states and winter continues to drag on, there is a telltale sign that spring is nigh: daylight savings time begins on Sunday March 8, 2015 at 2:00 a.m. At...
View ArticleEn Banc Sixth Circuit Decision Holds that Telecommuting Was Not a Reasonable...
Last Friday, the Sixth Circuit Court of Appeals sitting en banc held that telecommuting up to four days a week was not a reasonable accommodation under the ADA for a disabled Ford Motor Co. employee....
View ArticleFirst Circuit Says Plaintiffs Cannot Prevail on Location-Based Discrimination...
Recently, the First Circuit Court of Appeals held that former employees of a FEMA call center could not proceed in their Title VII location-based disparate impact and retaliation claims against the...
View ArticleEleventh Circuit Joins Second Circuit in Holding the Unpaid Intern FLSA...
The Eleventh Circuit recently joined the Second Circuit in adopting the employer-friendly “primary beneficiary” test to determine whether unpaid interns are properly classified as employees under the...
View ArticleFirst Circuit Withdraws Earlier Opinion in Location-Based Discrimination...
In August, we wrote about the First Circuit Court of Appeals’ decision in Abril-Rivera v. Johnson, which affirmed a lower court ruling dismissing location-based discrimination and retaliation claims...
View ArticleFifth Circuit Rejects Employee’s FLSA Off-the-Clock Claim; Highlights...
The Fifth Circuit recently sided with an employer in an off-the-clock overtime case where the employee failed to comply with her employer’s overtime approval and reporting policies. For employers, this...
View ArticleBusted [Bracket]: Facebook Posts From Employee’s Vacation Undermine FMLA Claims
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,...
View ArticleFederal Court Allows the EEOC to Conduct Investigation on Employer’s Premises...
Many employers are familiar with the fact that the EEOC regularly conducts on-site workplace investigations after receiving charges of discrimination or harassment. A recent federal court decision,...
View ArticleNational Labor Relations Board Grants Student Assistants the Right to...
In a setback to private colleges and universities, the National Labor Relations Board ruled on August 23, 2016 that student assistants have unionization and collective bargaining rights under the...
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