Best Management Practices

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Think you can keep your internal investigations confidential? Think again.

Many employers have rules or policies directing employees who are involved in a workplace investigation to keep their conversations with investigators confidential and to refrain from discussing the matter with colleagues...more

If Pain, Yes Gain — Part XII: Paid Sick Leave Spreading in New Jersey

After a wave of recent developments, New Jersey continues to solidify its status as the state with the most municipal paid sick leave laws in the country. Earlier this month, voters in Elizabeth approved a paid sick...more

Anonymous Threats Cannot Be Ignored

Employee complaints based on anonymous harassment pose special problems for employers. How do you uncover the source of the problem when no one is able to identify who acted inappropriately? ...more

Preparing for 2016: The Fair Pay Act

As the seasons change and 2015 comes to a close, employers should take note of a particular change coming to California’s legal landscape in 2016: the Fair Pay Act (“FPA”). On October 6, 2015, Governor Jerry Brown signed...more

OSHA Recommended Practices for Employers for Preventing and Addressing Retaliation

The Occupational Safety and Health Administration has published a draft document intended to “help employers” to develop a program to protect employees from retaliation when issues or concerns about workplace conditions or...more

Winter Is Coming…So What Should Employers Do To Prepare?

As readers of epic fantasy novels and viewers of a certain cable TV-show know all too well, winter is most definitely coming. Your radio is already playing holiday music, the shiny decorations are already out in malls and...more

Six Proven Tactics To Help Avoid The "Ticking Time Bomb" Employee

Each new headline in the news describing the latest workplace violence tragedy reminds managers and human resources executives of their tremendous responsibilities in attempting to help prevent such senseless acts....more

Transgender Issues in the Workplace: Navigating a Changing Legal Landscape

Legislation prohibiting discrimination on the basis of gender identity is popping up all around the country. From California’s Senate Bill 703 prohibiting state agencies from entering into certain contracts with contractors...more

Will Your Workers Go On Strike On November 10? What You Need To Know

Employee walkouts and protests are likely to occur on a massive scale across the country on Tuesday, November 10, spurred on by the union-supported “Fight for $15” movement. Low-wage workers seeking higher pay and possible...more

California Law: Asking Potential Employees About Arrests and Convictions

Business leaders often ask whether pre-employment tests and matrices are better for employers than face-to-face interviews at predicting a job candidate’s success. This month, at my quarterly breakfast seminar, I spoke about...more

Is Your Workplace Violence Plan Ready? 5 Essential Elements of a Comprehensive Plan

According to the U.S. Department of Justice, one out of every six violent crimes occurs in the workplace. These crimes include assaults, rapes, robberies, and—on rare occasions—homicides. Employees, customers, and third-party...more

California’s New Equal Pay Laws Promise to Bring More Litigation

Equal pay claims just got a lot tougher to defend in California. Last month, Governor Jerry Brown signed SB 358, a new law which aims to curb a statewide pay disparity between men and women. The law, dubbed the California...more

New York State Passes Five New Laws to Effectuate Gender Equality in the Workplace

The New York State Legislature recently passed several pieces of legislation, all of which are intended to curtail gender-related employment discrimination. Among other things, this legislation strengthens existing laws,...more

Constructive dismissal in Canada

Several jurisdictions around the world permit claims for what is known as “constructive dismissal” or “constructive discharge”. In some cases those claims arise from statute and in others they arise under common law. This...more

Poor Employer Onboarding and Departure Procedures Can Lead to Horrifying Results Including the Loss of Trade Secrets

This upcoming Halloween reminds us that employers face their own terrors in trying to protect trade secrets and other valuable company information in the workplace, particularly if they have poor onboarding and departure...more

Now That New York City’s Credit Check and “Ban the Box” Laws Are in Effect, How Do Employers Comply?

Two important New York City laws impacting the hiring process have recently taken effect, requiring immediate action by most City employers. The Fair Chance Act, New York City’s “ban the box” law (“Ban-the-Box Law”),...more

“Do Unto Others”: Philadelphia Holds First Ever Day of Kindness

Yesterday, the City of Philadelphia held its first ever Day of Kindness, the goal of which was to inspire individuals, civic groups and companies to engage in acts of kindness. While spending a day focused on kindness may not...more

New Women’s Equality Act Legislation Raises Bar for New York Firms

Last week, Gov. Andrew Cuomo signed into law eight (8) bills forming the bulk of the Women’s Equality Act, originally introduced in the New York State Legislature in 2012. The legislation amends the New York Labor Law and the...more

Documenting Efforts to Comply with the FLSA May Help Limit Damages Exposure

With all of the media attention on imminent changes to the Fair Labor Standards Act (FLSA) and the incredible increase in wage and hour litigation, it is a good time to review employees’ exempt/non-exempt classification and...more

Top 10 Workplace Investigation Mistakes: Part II

In part one of this two-part series, we covered five of the most common mistakes that employers make while conducting workplace investigations, including poor complaint mechanisms, ignoring employee complaints, failing to...more

Top 10 Workplace Investigation Mistakes: Part I

Resolving conflict in the workplace is a key issue for employers. Legal requirements have continued to expand in terms of what courts expect employers to do in order to prevent and correct wrongful behavior. In response,...more

Mary Jane Has Come A Long Way, Baby

Last week Governor Jerry Brown signed into law three pieces of legislation (AB 243, AB 266, and SB 643) aimed at regulating the $1.3 billion medical marijuana industry in the state. The legislation, collectively called the...more

Strict New California Fair Pay Act Will Become Effective January 2016

In only a few months, employers in California will be subject to one of the strictest and most aggressive equal pay laws in the country. This week, Governor Jerry Brown signed the California Fair Pay Act (“Act”), Senate Bill...more

The Three “H”s of Fall: Halloween, Hot Chocolate, and Handbooks

Yes, the end of the year always brings a flurry of revisions to employer handbooks. This year is no different. Business owners, general counsel, and human resources professionals throughout California and the County always...more

Be Smart and Be Proactive to Limit Your Company’s Liability under California’s Revised Gender Pay Equality Law

Until recently, California’s equal pay law required that men and women working at the same location receive equal pay for equal work, California Labor Code Section 1197.5. But this law was substantially revised on October 6,...more

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