By: George Morrison
The State of New York is seeking comments on draft guidance from employers on mandatory sexual harassment prevention policies and annual employee training. Effective October 9, 2018, New York employers will be required to adopt the state’s written model sexual harassment prevention policy or issue a substantially similar policy to employees. A copy of New York’s draft model policy can be found here. (more…)
By: Ryan Udell and Melissa Pang
The #MeToo movement jumpstarted, by the sexual misconduct allegations against film producer Harvey Weinstein, has led to a sea of change in how companies address and handle inappropriate behavior in the workplace. Indeed, over the last few years, we have seen the swift removal of very high profile filmmakers, television figures, politicians, chefs and financial and public relations executives from their positions. Seeing the potentially devastating effects of a #MeToo claim – from public relations crises, to expensive lawsuits and other lasting harm, businesses are taking action to minimize the future occurrence of such behavior. This includes additional training, implementing better policies and mechanisms for addressing complaints, and increasing insurance coverage for sexual harassment. Because one #MeToo claim could substantially impair value, buyers are also now worried about acquiring a company in which sexual harassment claims have occurred or may be lurking and are increasingly focusing on understanding any potential exposure through more robust due diligence in addressing any such exposure in the definitive purchase agreement through so called “Weinstein Reps” or “MeToo Reps.”
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By: John K. Baker and Victoria Fuller
Today, August 10, 2018, Massachusetts Governor Charlie Baker signed into law a comprehensive economic development act which amends the Massachusetts General Laws Chapter 149 to create a new Section 24L, which will impose substantial new restrictions on employers’ use of non-compete agreements.
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By: George Morrison
On April 12, 2018, the United States Department of Labor (DOL) issued its first substantive opinion letters since the Bush Administration. Not only do opinion letters clarify the agency’s application of the law, the letters also can sometimes provide a complete defense to claims if an employer acts in conformity with and reliance on a letter. (more…)
By: George Morrison
During the past weeks, the news has featured allegations of sexual harassment against various public officials, celebrities, and others. These headlines should serve as a reminder to all employers of the importance of developing and enforcing written anti-harassment policies. An effectively written policy will typically address zero tolerance, examples and definitions of prohibited conduct, the duty to report, retaliation, complaint procedures and confidentiality.
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By: George Morrison
On November 7, 2017, the U.S. House of Representatives passed the Save Local Business Act. While the fate of the legislation is uncertain in the Senate, if passed into law, the Act would substantially rein in the National Labor Relations Board’s (NLRB’s) and Fourth Circuit’s “joint-employer” rules. These rules vastly expanded the circumstances under which businesses could be held jointly liable for workplace violations involving employees of their independent contractors and franchises, as well as contract and temporary employees provided by or through staffing firms.
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“Taking Care of Business” is a new blog from White and Williams’ Corporate and Securities Group. With the help of our friends in Cyber Law and Data Protection, Tax, Real Estate and Finance, Bankruptcy, Intellectual Property, Labor & Employment and Commercial Litigation, TCB will focus on emerging issues impacting the business community at every stage of the lifecycle from formation to growth and to exit. Whether it be important updates on day-to-day operational matters such as tax planning, employee benefits, commercial contracts, corporate finance, intellectual property, regulatory and data privacy and cybersecurity, or best practices and recent trends or legal developments of note applicable to transactional matters including acquisitions, strategic alliances, private equity and venture capital financings and debt financings, we’ve got you covered. And of course, we will keep you posted on any recent developments on the litigation and bankruptcy fronts too. In short, TCB will be a “one stop shop” for insights and commentary on everything relevant to owning and operating a business.
To give you a sense of the breadth of topics to be covered, today’s blog highlights five current legal issues that are on the minds of many of our clients. (more…)