The U.S. Equal Employment Opportunity Commission (EEOC) released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064. The EEOC also published a “Summary of Key Provisions,” FAQs for employees, and a...more
Many workplaces allow their employees to listen to music or radio on site. But what if employees choose to blast “sexually graphic” and “violently misogynistic” songs throughout a warehouse? Does it matter whether the...more
On March 3, 2022, President Biden signed the long-titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Seen as a result of the #MeToo movement, this fairly simple amendment to Title 9 of the...more
4/8/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Biden Administration ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Contract ,
Federal Arbitration Act ,
New Legislation ,
Pre-Dispute Arbitration ,
Sexual Assault ,
Sexual Harassment
Both the House and Senate have approved a bill that allows victims of workplace sexual assault and sexual harassment to take their claims to court instead of being forced to arbitration. In a rare show of partisanship,...more
3/4/2022
/ Arbitration Agreements ,
Biden Administration ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment ,
Workplace Harassment Guidance
Law and Practice Chambers -
The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal...more
10/29/2021
/ Alabama ,
Black Lives Matter ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Discrimination ,
Dispute Resolution ,
Employer Liability Issues ,
Employer Mandates ,
Gig Economy ,
Harassment ,
Health and Safety ,
Immigration ,
Interviews ,
NLRB ,
OSHA ,
Privacy Laws ,
Public Health Emergency ,
Restrictive Covenants ,
Retaliation ,
Sexual Harassment ,
State and Local Government ,
Technology ,
Termination ,
Unions ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
In the wake of the #MeToo movement, I have clients wanting to know what they can do both to improve their workplace and protect themselves. They all have good policies and regularly train supervisors and employees on them. So...more
9/10/2018
/ Anti-Harassment Policies ,
Complaint Procedures ,
Discrimination ,
EEO ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Gender Identity ,
Harassment ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII ,
Workplace Communication
In this #MeToo era, employers are, understandably, a little sensitive when someone raises a claim of harassment. Even with the heightened sense of peril, companies should remember that if they are doing the right thing—having...more
I have told clients for years that they ignore claims based on sexual orientation at their peril, and another court is backing me up. An Arizona federal district court just ordered a wine bar to pay real money ($100,000) to...more
4/10/2018
/ Anti-Harassment Policies ,
Default Judgment ,
EEO ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Injunctive Relief ,
Retaliation ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII
Like every other employment lawyer in America, I have been giving a good bit of thought to #MeToo and what it means for my clients. Many (although certainly not all) of the stories under this hashtag are about unreported...more
Before everyone gets out of the office to their various homes and families to celebrate the holiday, we wanted to review the year and count our blessings. Not only are we thankful that our families and colleagues in our...more
11/22/2017
/ Americans with Disabilities Act (ADA) ,
Decriminalization of Marijuana ,
Department of Labor (DOL) ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Independent Contractors ,
Joint Employers ,
Marijuana ,
Medical Leave ,
NLRB ,
Reasonable Accommodation ,
Sexual Assault ,
Sexual Harassment ,
Social Media Policy ,
Wage and Hour
Sexual harassment—we have policies against it, we train people on how to prevent and report it, and yet still we have big news stories about it. In the last year, Fox News hit the headlines on this front multiple times–not...more
The Occupational Safety and Health Administration (OSHA) recently reminded us that every employer needs a violence in the workplace policy or risk citation for third party criminal actions. The OSH Act’s general duty clause...more