Monthly Archives: August 2018

Job References in the #MeToo Era: Employers In Some States Now Have Privilege to Say #HimToo

Employers seeking to avoid liability often stick to dates of employment and position held when responding to reference requests. But there is a new trend in legislation offering protection to employers who disclose to prospective employers that the candidate was the subject of a sexual harassment investigation.

For example, effective January 1, 2019, California employers will be protected by an … Continue Reading

Employing Anyone in New York? New Anti-Harassment Laws Taking Effect

All employers with even a single employee working in New York City or New York State will be required to meet requirements designed to address sexual harassment under new city and state laws.  Employers with an employee working in New York City must post a formal notice regarding harassment in a conspicuous location on their premises and distribute a harassment … Continue Reading

One Visit and Vague Plans to Return Not Sufficient to Allow ADA Access Claim

Businesses might see a ray of hope in a recent federal appellate court decision that rejected the ability of a wheelchair-bound patron and “tester” to pursue her claim against a property owner and shop in Cocoa Beach, Florida.

There is a veritable cottage industry of plaintiffs who bring claims against businesses, even those they have never visited. In an effort … Continue Reading

NLRB G.C. Issues Guidance on Handbook Rules

Standard employer workplace policies may once again pass muster, following a Memorandum issued this summer by the NLRB Office of General Counsel.

Although Memorandum GC 18-04 is addressed to NLRB personnel, its guidance for how to analyze charges alleging that workplace policies violate the NLRA offers some clarity and reassurance to employers.

Employers may recall that beginning in 2004, the … Continue Reading

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