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Archive by tag: MintzReturn

NLRB Announces Final Joint Employer Rule

The National Labor Relations Board (the “NLRB”) announced yesterday that it will issue its final rule for determining joint-employer status under the National Labor Relations Act (the “NLRA”) today, February 26, 2020. This announcement makes the NLRB...By: Mintz - Employment, Labor & Benefits
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The Impact of the SECURE Act on Tax Qualified Retirement Plans

On December 20, President Trump signed into law the “Setting Every Community Up for Retirement Enhancement Act of 2019,” known and referred to colloquially as the “SECURE Act.” The law’s stated purpose, among other things, is to increase the coverage...By: Mintz - Employment, Labor & Benefits
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Judge Grants Preliminary Injunction Prohibiting Enforcement of California’s Arbitration Ban

Judge Kimberly Mueller of the District Court for the Eastern District of California today granted Plaintiffs’ motion for a preliminary injunction against AB 51......By: Mintz - Employment, Labor & Benefits
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Coronavirus Outbreak Causes Employers to Consider Precautionary Steps

The recent outbreak of the Coronavirus in Wuhan, China, which has spread to the United States with new cases being reported every day, has the global community on high alert. The Coronavirus is an upper-respiratory disease similar to Middle East...By: Mintz - Employment, Labor & Benefits
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Establishing Subject Matter Jurisdiction Over Post-Award Motions in Federal Court: Split Deepens as Fifth Circuit Joins Three Others in Adopting “Look-Through” Analysis

As discussed in earlier posts, the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq., does not itself provide an independent basis for subject matter jurisdiction over federal court proceedings concerning domestic arbitrations. (In contrast,...By: Mintz - Arbitration, Mediation, ADR
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The Massachusetts Paid Family and Medical Leave Quarterly Contributions Are Due January 31, 2020

Under the new Massachusetts Paid Family and Medical Leave Law, M.G.L c. 175M (“MAPFML”), employees and other covered individuals in the Commonwealth will be entitled to a generous set of new paid family and medical leave benefits and rights beginning...By: Mintz - Employment, Labor & Benefits
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California’s Ban on Mandatory Employment Arbitration Stayed for Now

California AB 51’s ban on mandatory employment arbitration remains stayed for now. AB 51 was passed in fall 2019 and essentially prohibits employers from requiring an applicant or employee to consent to mandatory arbitration for FEHA and Labor Code...By: Mintz - Employment, Labor & Benefits
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Status of California’s Gender Parity Law for Public Company Boards

After being in effect for a year, California’s groundbreaking gender parity law for public company boards, while under legal attack, has not (yet) been enjoined in a similar manner to other recent creative California regulatory initiatives (notably...By: Mintz - Employment, Labor & Benefits
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California AB 5’s Impact on Board Directors and Advisory Members

AB 5’s elimination of independent contracting as we know it in California will have significant legal consequences for businesses doing business in California. While we believe board directors will escape its reach, businesses with advisory boards...By: Mintz - Employment, Labor & Benefits
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CCPA QOTD: What are the penalties for non-compliance with the CCPA?

Unless you have been living off the grid for the past year, you likely know that we are now down to 13 days and counting to the effective date of the California Consumer Privacy Act (CCPA). We have received hundreds of questions and concerns from...By: Mintz - Privacy & Cybersecurity Viewpoints
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