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Viewpoint General
The wait is over.  The New York State Department of Labor (DOL) just released its final guidance with respect to New York State’s new anti-sexual harassment law.  The release includes final templates for the model sexual harassment prevention policy, complaint form, and harassment prevention training program.
Viewpoint General
Responding to widespread resistance—principally on the part of small businesses—to the increase in the Employer Medical Assistance Contribution (“EMAC”) contributions and the addition of an EMAC supplemental contribution, Massachusetts lawmakers amended the EMAC rules in 2017 to add hardship waiver provisions. (Click here for a summary of the EMAC rules.) The Massachusetts Division of Unemployment Assistance (DUA) recently issued a proposed regulation implementing the hardship waiver rules. This post examines those proposed regulations.
Viewpoint General
Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass on employing medical marijuana users by relying on the illegality of marijuana under federal law. Before last year, courts in Oregon, California, Colorado, Michigan, and New Mexico all rejected employment claims brought by plaintiffs under state marijuana legalization and lawful off-duty conduct laws. Last year in Massachusetts and Rhode Island, state courts challenged that paradox, and this month, in Connecticut, a federal court did the same.
Viewpoint General

NEW FCRA NOTICE REQUIREMENTS NOW IN EFFECT

September 24, 2018 | Blog | By Emma Follansbee

Earlier this month, the Consumer Finance Protection Bureau (CFPB) issued updated model disclosure forms required under the federal Fair Credit Reporting Act (FCRA). The updated “Summary of Your Rights Under the Fair Credit Reporting Act” form, which became effective on September 21, 2018, is one of many notices employers must provide under the FCRA when using a consumer reporting agency (CRA) to run a background check during the hiring process. The revised form is located here along with a revised Summary of Consumer Identity Theft Rights form.
Viewpoint General

The Bubbler – September 2018

September 12, 2018 | Blog | By Paul Huston

Welcome to this month’s edition of the Bubbler! Now that fall is fast approaching we’re refreshing your memory of some key recent developments as we head into the new season:
Viewpoint General
Adherence to the COBRA health care continuation rules is not always high on an employer’s list of priorities. Compliance is often “outsourced,” and even when handled “in-house,” it rarely consumes much attention. A recent case, Hager v. DBG Partners, Inc., illustrates that inattention can be costly for employers. This post explains why.
Viewpoint General
Now that Labor Day is behind us, we are looking ahead to the various compliance deadlines facing New York State and New York City employers this fall.
In our sister blog, ADR: Advice from the Trenches, Gil Samberg explains the Sixth Circuit’s ruling, applying the Supreme Court’s reasoning in the recent Epic Systemscase, that the “collective action” provision of the FLSA does not render a collective action waiver in an arbitration agreement unenforceable.
Viewpoint General

#MeToo Movement – Key Takeaways for Employees

August 27, 2018 | Video | By Jennifer Rubin

Jen Rubin discusses the key things employees need to understand in the wake of the #MeToo movement including reasonable expectations for the handling of a complaint of harassment or other misconduct and any subsequent punishment.

Viewpoint General
Jen Rubin explains the need for employers to ensure that their interviewers are properly trained to avoid running afoul of state and municipal legislation regarding salary history as well as what a candidate should do if they are asked about their salary history in a jurisdiction in which such an inquiry is prohibited.
Viewpoint General

Bullying in the Workplace

August 27, 2018 | Video | By Jennifer Rubin

Jen Rubin explains that while bullying in the work place isn’t illegal unless the bullying is related to a protected category, employers should consider instituting anti-bullying training as a best practice.
Viewpoint General

Post-Employment Restrictions

August 27, 2018 | Video | By Jennifer Rubin

Jen Rubin discusses the different types of post-employment restrictions, including non-competition agreements and non-solicitation agreements, as well as the need for employers to carefully consider what they are trying to protect before drafting and enforcing these policies. 
Viewpoint General

Classifying Independent Contractors

August 27, 2018 | Video | By Jennifer Rubin

Jen Rubin discusses the need for employers to comply with applicable state laws that govern how an individual is properly classified as an independent contractor and the associated penalties should an employer fail to do so.

New York State Department of Labor Releases Draft Sexual Harassment Prevention Materials

August 27, 2018 | Blog | By Brie Kluytenaar, Michael Arnold

Viewpoint General

#MeToo Movement – Key Takeaways for Employers

August 27, 2018 | Video | By Jennifer Rubin

Jen Rubin explains the need for employers to build trust in the workplace in the wake of the #MeToo movement by properly training HR professionals and regularly communicating policies.
Viewpoint General

Free Speech in the Workplace

August 27, 2018 | Video | By Jennifer Rubin

Jen Rubin explains that while a private employer can set its own rules regarding what an employee can and cannot say in the workplace, there are some restrictions on a private employer’s ability to take an adverse employment action against an employee based upon certain speech.
Viewpoint General

Salary History Legislation

August 27, 2018 | Video | By Jennifer Rubin

Jen Rubin discusses state and municipal legislation that prohibits employers from asking applicants about their salary history. These laws are intended to prevent employers from artificially setting salaries based upon what the individual earned in the past, but rather, their qualifications for the position.
Viewpoint General

Employing Arbitration in Employment Disputes

August 27, 2018 | Video | By Jennifer Rubin

Jen Rubin takes a look at both the benefits and costs of employing arbitration as a mechanism to resolve employment disputes.
Jen Rubin, a member in Mintz's Employment, Labor and Benefits practice, wrote about the need for a thoughtful and fair investigative process in the wake of the #MeToo movement.
Earlier this year, we wrote about the sweeping legislative changes enacted by New York State and New York City aimed at preventing workplace sexual harassment in the wake of #MeToo.

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