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The #METOO movement took social media by storm in October 2017 as a means of illustrating the prevalence of sexual assault, harassment, and misconduct, particularly in the workplace. As the conversation around the #METOO movement swirls, employers have begun to assess how the movement affects their policies. Employers should stick to a simple three-part strategy: (1) promulgate a clear policy; (2) thoroughly investigate complaints; and (3) always respond accordingly and swiftly.
NLRB Relaxes Enforcement of Workplace Rules Aimed To Restrict Employee Discussion over Grievances and Unionization
April 30, 2018 • Christina Tantoy
Category: Legal Updates
The National Labor Relations Act (NLRA) protects the employee right to engage in “concerted activities for the purpose of . . . mutual aid or protection.” This includes not only the right to support a union, but also simply the right of employees to converse among themselves on issues affecting their employment. Consequently, any workplace rule explicitly infringing on this right, as well as any rule applied so as to cause such infringement, can be held unlawful. For example, if employees regularly get together before or after work, during which gripes and grievances (or unions) can be discussed, a workplace rule restricting these gatherings will generally be held unlawful.
Have You Checked Your Website's Accessibility
April 30, 2018 • Christina Tantoy
Category: Legal Updates
The newest trend in Americans with Disabilities Act (“ADA”) lawsuits target businesses’ websites. Litigants have increasingly sued or threatened to sue under Title III, alleging that the website is not sufficiently accessible to the disabled (i.e., the website lacks assistive technology for individuals who are blind or hearing-impaired).
Trump DOL Seeks to Rescind Obama-Era Tip Pool Regulation
April 30, 2018 • Christina Tantoy
Category: Legal Updates
In 2011, the U.S. Department of Labor (“DOL”) introduced regulations affirming that tips are the property of the employee regardless if the employer uses a tip credit under the FLSA. Under this framework, only “customarily tipped employees” can receive distributions from a company tip pool. Tip pools set up by employers to include employees who are not regularly tipped employees are invalid. This limitation applies even where the employees contributing to a tip pool are paid the applicable minimum wage. Moreover, employers and management staff are precluded from receiving any portion of tip pools under the current regulation. The 2011 regulation has led to voluminous litigation over what constitutes a “customarily tipped employee” and has resulted in inconsistent rulings from various courts.
We are pleased to present the Legal Update for our latest Quarter, available in PDF format by clicking here.
Federal Judge Holds Against Rescission of DACA
April 27, 2018 • Christina Tantoy
Category: Legal Updates
The Trump administration has been ordered to accept new applications for Deferred Action for Childhood Arrivals (“DACA”) benefits.
California Employee Handbooks 2018 Update
February 16, 2018 • Christina Tantoy
Category: Legal Updates
Stokes Wagner recommends that you review and update your employee handbooks annually. This article contains a list of policies and procedures for you to consider adding in your respective employee handbooks.
New Primary Beneficiary Test and U.S. Department of Labor’s Revised Guidance Provides Employers with More Flexibility for Internship Programs
January 17, 2018
Category: Legal Updates
Prior to 2018, the United States Department of Labor (“DOL”) had applied a rigid six-part test to determine whether interns must be treated as employees or unpaid interns. However, on January 5, 2018, the DOL announced that, in an effort to eliminate confusion and align itself with recent case law, it would adopt the “Primary Beneficiary” test to determine whether interns are employees under the Fair Labor Standards Act (“FLSA”).
HotelExecutive.com: Expanded Labor and Employment Liability in Hotel Acquisitions
December 17, 2017 • John R. Hunt
Category: Publications
Head on over to HotelExecutive.com to read the latest article by John Hunt, covering a brief review of laws pertaining to hotel mergers and acquisitions! If that doesn’t slake your appetite for knowledge, contact Stokes Wagner at any time with your questions.
New York Paid Family Leave Effective January 1, 2018
November 21, 2017 • Jordan A. Fishman
Category: Legal Updates
Starting January 1, 2018, nearly all private employees in New York State will be eligible for Paid Family Leave so the employee can (1) bond with a newly born, adopted or fostered child; (2) care for a family member with a serious health condition; or (3) assist loved ones when a family member is deployed abroad on active military duty. Paid Family Leave will phase in over four years, starting at 8 weeks in 2018 and increasing to 12 weeks by 2021.