Ver la versión en español aquí Last week, the Attorneys General (“AGs”) in each state and U.S. territory all announced their support for ending mandatory arbitration of sexual harassment claims. They wrote Congress that the “secrecy requirements of arbitration clauses” as applied to sexual harassment claims “disserve the public interest … [by creating] a culture … Continue Reading
Ver la versión en español aquí The New York Times ran an article on December 11, 2017, titled, “Sexual Harassment Training Doesn’t Work. But Some Things Do.” The article describes sexual harassment training as an exercise that consists of “clicking through a PowerPoint, checking a box that you read the employee handbook or attending a … Continue Reading
Ver la versión en español aquí The recently passed tax act promises to have wide ranging impacts on businesses which go beyond the accounting department. There have been attempts by other agencies such as the SEC, EEOC, DOL and NLRB to limit the confidentiality of settlements. The new tax act follows suit by including a provision … Continue Reading
Ver la versión en español aquí It’s that time of year again. The holidays are wonderful, but can produce some dicey situations for your HR Department. The holidays mean a lot of things to different people: whether it’s playing dreidel, decorating a Christmas tree, or doing nothing at all. Employers need to be mindful of … Continue Reading
Ver la versión en español aquí While several well-known corporate executives, movie stars, government officials and other high profile people have been facing sexual harassment claims in recent weeks (and the list seems to increase daily), the issue is most assuredly not limited to those in the public eye. All employers are wise to use … Continue Reading
Ver la versión en español aquí I have always been fascinated when the shy people that I know suddenly become exhibitionists when it comes to donning Halloween costumes. Whether it is a sexy French maid costume from Victoria’s Secret or Captain Underpants® (from the Dreamworks movie), adult costumes have become much edgier. Those costumes are … Continue Reading
Ver la versión en español aquí On October 4, 2017, U.S. Attorney General Jeff Sessions issued a memorandum advising that the U.S. Department of Justice will no longer take the position that Title VII (the law which prohibits discrimination based on sex, race, color, national origin, and religion) prohibits discrimination based on “gender identity per … Continue Reading
Ver la versión en español aquí Employers can breathe a sigh of relief: The EEOC’s initiative to collect summary pay and hours worked data in the new EEO-1 form has ended … for now, at least. Just last year, on September 26, 2016, the EEOC announced that the annual EEO-1 reporting process would change for … Continue Reading
Ver la versión en español aquí In last week’s blog, I highlighted Facebook CEO Mark Zuckerberg’s announcement that he’ll be taking 2 months off work following the birth of his daughter later this year (even though, presumably, he would be entitled to 12 weeks under the FMLA, and 4 months under Facebook’s policy). Well, paternity leave … Continue Reading
Ver la versión en español aquí This is an exciting time for the Firm, our Labor & Employment Law Department and our clients. We are pleased to welcome two new members to our group and to expand our footprint in Tampa. Janet Goldberg McEnery and Andrew W. McLaughlin each brings a wealth of knowledge and … Continue Reading
Ver la versión en español aquí Is it prudent for employers to require employees to sign mandatory arbitration agreements? There is no right or wrong answer to that question . . . just a long list of pros and cons. Proponents of mandatory arbitration often focus on factors such as confidentiality, the ability to remove … Continue Reading
techVer la versión en español aquí In January, the U.S. Department of Labor (“DOL”) brought suit in a San Francisco administrative court against Google, Inc. to require Google, as a federal contractor, to allow the government to inspect Google’s pay records. While the DOL was demanding various documents regarding employees’ compensation history for compliance purposes, it was clear the underlying reason was … Continue Reading
We all know that honesty is the best policy but what about an honest mistake? Can an honest mistake save you from liability in a retaliation lawsuit under the Family and Medical Leave Act (FMLA)? Just last month, federal appeals court in Pennsylvania said – Yes. In Capps v. Mondelez Global, LLC, the federal 3rd … Continue Reading
Ver la versión en español aquí We all love factoids-right? So if you are heading out to a New Year’s Eve Party this weekend and need a few icebreakers to get the conversation going, the U.S. Equal Employment Opportunity Commission (“EEOC”) has come to the rescue. The EEOC recently provided a brief review of its fiscal year … Continue Reading
Ver la versión en español aquí It is that time of year again – Holiday Party Season! What’s a party without alcohol, and what’s a law blog without a curmudgeon preaching moderation and reasonableness? (Paramount Pictures’ 2016 trailer for Office Christmas Party shows just how out of control these parties can get!) We all know the … Continue Reading
Salary history is one of the most commonly asked questions on employment applications. Knowing what a prospective employee currently earns or what they’ve earned in the past can provide you with valuable information to guide your decision as to whom ultimately to hire: It allows you to determine whether the candidate is in the same salary … Continue Reading
Ver la versión en español aquí It’s time! An employee needs to go. The departure needs to be a clean break with no threat of future litigation. A severance pay agreement, in exchange for a promise to never bring a claim against the company or speak ill of the company, looks like a good idea. … Continue Reading
Ver la versión en español aquí The “Cat’s Paw” doctrine describes the situation where an employer may be liable for employment decisions based on the discriminatory animus of an employee who influenced — but who did not make — an employment decision. The phrase comes from an Aesop fable where a conniving monkey convinces a … Continue Reading
Ver la versión en español aquí A few weeks ago, four former Hewlett-Packard employees between the ages of 52 and 63 filed a class action lawsuit in California alleging that HP engaged in age discrimination, and terminated their employment, in connection with a paring-down and restructuring of its workforce. HP has denied the allegations of discrimination, … Continue Reading
Ver la versión en español aquí I recently attended a breakfast meeting with Michael Farrell, the new District Director for the Miami office of the U.S. Equal Employment Opportunity Commission. The Miami District Office has jurisdiction over the State of Florida (excluding a few counties in Florida’s Panhandle), as well as Puerto Rico and the … Continue Reading
Ver la versión en español aquí With over 400 attendees from more than 200 employers, our 26th Annual Labor & Employment Law Seminar was a huge success! Thank you for allowing us to keep you “on Track”. For the first time this year, following our morning sessions, attendees were able to choose from our “high-speed” track designed for … Continue Reading
Ver la versión en español aquí Transgender Status and the Bathroom Question With North Carolina recently passing a state law which requires a transgender person to use the restroom that matches their sex at birth, the question many Floridians are asking now is: If a person is transgender, or has a gender identity or expression different … Continue Reading
Ver la versión en español aquí If I were to challenge you to a game of high stakes poker, would you accept the challenge if you had to show me your cards but I did not have to show you mine? Of course not! But, that’s exactly what the Equal Employment Opportunity Commission (“EEOC”) is … Continue Reading
Ver la versión en español aquí I am not a fan of reality TV. However, in this reality TV election season, it is hard to tear my eyes (and ears) away from the barbs being exchanged primarily between the Republican candidates. Whether you support him or not, you have to admit that Donald Trump says things … Continue Reading
