Labor & Employment PracticeMany of us know someone residing in a senior living community or long-term care facility and have heard stories of residents losing their inhibitions. There are stories of seniors being rude, saying things that are inappropriate, and experiencing sexual disinhibition. What we have not heard though is what happens when a caregiver is sexually harassed by a resident.
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Sexual Harassment by the Uninhibited Posted on: January 28, 2020 In: Labor & Employment
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What Exactly is “Associational Race Discrimination” under the FEHA? Posted on: January 07, 2020 In: Labor & EmploymentIn California, the Fair Employment and Housing Act (FEHA) prohibits discrimination based on race, national origin, religion, age, disability, sex and gender, among other categories. In addition, the FEHA provides an express cause of action for discrimination based on association with individuals in a category protected by the Act. These types of claims primarily arise in the context of disability discrimination.
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How to Keep the Grinch From Your Company Holiday Parties: Tips for Employers to Avoid Liability Posted on: December 18, 2019 In: Labor & EmploymentAs the holiday season gets into full swing, this is the time of year when many companies host holiday parties for their employees to celebrate the end of a successful year. Although such gatherings are a great way to reward employees for their hard work, they can also present significant liability risks for employers if proper precautions are not taken
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The Best Way to Spread Christmas Cheer is to Share This Employers’ Holiday Guide Far & Near Posted on: December 16, 2019 In: Labor & Employment'Tis the season... for seasonal employees, paid time off, and the potential for ample holiday overtime, that is! During the holiday season, when so much hustle and bustle can become distracting, employers should not lose sight of the many responsibilities – and regulations – that also tend to arrive with the onset of winter.
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California Temporarily Eases Burden of CCPA Compliance for Employers Posted on: December 05, 2019 In: Labor & EmploymentIn October, California Governor Gavin Newsom signed into law Assembly Bill 25 (AB 25), which temporarily eases the burden imposed on employers by the sweeping California Consumer Privacy Act of 2018.
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New Year, New Protections for Prospective Employees in New York Posted on: November 20, 2019 In: Labor & EmploymentAs one year ends, another begins. And as New York employers turn the page on another busy year in labor and employment legislation, they should be mindful of several new laws set to become effective in 2020. The new laws will require additional compliance efforts, making the end of the year a good time for a thorough review of payroll and hiring practices.
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Tax Considerations for Holiday Gifts to Employees Posted on: November 18, 2019 In: Labor & EmploymentWith the holidays upon us, you may want to show your appreciation for your employees’ hard work, but before you begin shopping, it’s a good idea to consider the tax implications of your generosity. Otherwise, a well-meaning gift could end up having the opposite of the desired effect when the employee receives a tax surprise on your gift.
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Equal Pay and Barbie Dolls Posted on: November 05, 2019 In: Labor & EmploymentLast week, I had the honor of speaking on a panel at the national First Chair Equal Pay Summit in Chicago, attended by prominent women from top law firms and companies in the U.S. (and some delightful and progressive men). I was equally amazed by the incredible dedication of this group to equality in pay and opportunity for women and the fact that the conference was necessary in the first place.
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Three Takeaways from the DOL Proposed Rule on Tipped Employees Posted on: October 25, 2019 In: Labor & EmploymentThe U.S. Department of Labor (DOL) recently published a Notice of Proposed Rulemaking that attempts to eliminate confusion regarding the tip credit, while also implementing the changes mandated by Congress when it passed the Tip Income Protection Act.
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Florida Raises State Minimum Wage By a Dime Posted on: October 23, 2019 In: Labor & EmploymentFlorida recently announced the new minimum wage for overtime eligible workers in the state. Each year on September 30 The Florida Department of Economic Opportunity adjusts the state’s minimum wage based on the increase in the Consumer Price Index for the South Region of the United States. The new minimum wage becomes effective on January 1, 2020.
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Four Employment Policy Pitfalls for Multi-Jurisdiction Businesses to Avoid Posted on: October 18, 2019 In: Labor & EmploymentIn today’s society, where businesses are increasingly operated remotely and employees are spread across the country, employers need to be aware that laws governing their employment-related issues can vary greatly from state to state. Employers operating in multiple jurisdictions should be careful of implementing broad or generalized policies, and should know when to enlist the help of a professional to ensure compliance with applicable federal, state, and local laws.
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The #MeToo Movement & NDAs Posted on: October 02, 2019 In: Labor & EmploymentThe legal and cultural impact of the #MeToo movement has taken many forms, but one interesting facet in particular was how it peeled back the curtain on how claims of sexual harassment are handled and settled by companies and counsel. Notably, it was common for these settlements, and the non-disclosure agreements (NDAs) that came with them, to draw the most ire in the public eye.
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