Ver la versión en español aquí Prior to 2020, the National Labor Relations Board (NLRB) took a three-pronged approach to analyzing whether vulgar, threatening, or offensive speech by employees fell inside or outside of the protections of section 7 of the National Labor Relations Act (NLRA). As we discussed at our recent breakfast seminar, depending … Continue Reading
Ver la versión en español aquí This is your reminder — always have counsel review and revise every agreement before offering it to an employee. A number of new decisions and laws have made many standard employment agreements, restrictive covenant agreements, separation agreements, and settlement agreements completely unenforceable. Below are a few examples…… Continue Reading
Simple answer – nope! On February 10, 2022, inspired by the #MeToo movement, the U.S. Senate passed H.R. 4445, an amendment to the Federal Arbitration Act (“FAA”), also known as the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.” I guess the acronym would be “EFASASHA,” but that looks kind of … Continue Reading
Ver la versión en español aquí On March 8, President Biden issued an Executive Order (“EO”) On Establishment of the White House Gender Policy Council (the “Council”). The purpose of the Council is to promote gender equity and equality with the goal of advancing equal rights and opportunities regardless of one’s gender or gender identity. The … Continue Reading
Ver la versión en español aquí You survived Black Friday, Cyber Monday, and Giving Tuesday. Will you “survive” the office holiday party and the HR land mines it presents? Please don’t let anyone show up to the party dressed like this guy. What’s a party without alcohol, and what’s a law blog without a curmudgeon preaching … Continue Reading
Ver la versión en español aquí HR folks – Have you ever had an employee tell you that he or she is being unlawfully harassed by a co-worker, but then begged you to keep the complaint confidential? Most often, employees ask their employers not to investigate their concerns because of embarrassment or fear of retribution. … Continue Reading
Halloween office parties can be very scary- HR folks need to be particularly wary. Provocative costumes are a big “no no”; Policy violators may receive the heave ho. I guess my feeble attempt at poetry left some folks howling at the moon. Halloween is just two days away, which means we’re all one inappropriate … Continue Reading
Ver la versión en español aquí Did you know that 48.8% of the charges of discrimination filed with the EEOC in the 2017 fiscal year alleged retaliation as a result of employees asserting claims of employment discrimination? In a distant second place were allegations of race discrimination. In third place: disability discrimination. Employers should expect … Continue Reading
Ver la versión en español aquí Please join us for our 28th Annual Labor & Employment Law Seminar Friday, April 27th from 8am-4pm at the JW Marriott Marquis Miami. Our annual seminar draws hundreds of human resource professionals, in-house counsel and senior executives from South Florida’s top businesses. And for good reason! No one does events quite … Continue Reading
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 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 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
Ver la versión en español aquí At the risk of reinforcing the notion of lawyers and human resources professionals as being the “no fun” bunch, we offer some practical tips to avoiding the unsuspecting tricks employers may experience after treating employees to Halloween cheer. First, while many will revel in the opportunity to wear a … 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 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
Ver la versión en español aquí We all recall the myth of George Washington and the Cherry Tree. Washington told his father that he could not tell a lie and that he had in fact tried to chop down his father’s cherry tree. His father then praised young George and embraced him for his honesty. … Continue Reading
Ver la versión en español aquí It is that time of year again. According to a Society for Human Resources Management survey discussed in the South Florida Sun Sentinel, fewer employers plan to host a holiday party this year. However, many of those employers who are hosting a party plan to spend more this year, … Continue Reading
Ver la versión en español aquí It may be 2015 but sexual harassment and religious discrimination are alive and well. Just ask the potato packers at Smokin’ Spuds, Inc. and the beer truckers at Star Transport. The EEOC just announced successful resolutions in cases against these companies. Perhaps more interesting than the spuds and the … Continue Reading
“Think before you speak.” That’s a lesson we all learn at some point between childhood and early adolescence, right? Often, it’s a lesson instilled in us by our parents, and at times, we learn the lesson only after an embarrassing “foot in mouth” experience. Apparently, there is at least one full-grown adult out there who … Continue Reading
It’s unfortunate, but it’s reality. The list of politicians engaging in sexual “shenanigans” — from President on down — continues to grow. Just last week news broke that 40-year old Vance McAllister, a newly elected member of the U.S. House of Representatives, was caught on surveillance video kissing Melissa Peacock, McAllister’s 33-year old female staffer, … Continue Reading
In a recent decision, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled that an employee who was terminated after complaining about the way her employer conducted a sexual harassment investigation did not have a claim for retaliation under Title VII. Brush v. Sears Holdings Corp. is interesting because the plaintiff, Brush, … Continue Reading
