Ban the Box

"Ban the Box" refers to a growing movement and set of laws intended to remove barriers for individuals with criminal conviction records from getting hired for jobs. Specifically, "the Box" is the typical question asked on applications: "Have you been convicted of a crime?" This movement seeks to eliminate this question on job applications and preve...

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“On-Call” Shift Scheduling Practices – Issues for Companies Operating on the West and East Coast (and in between)

​It is common for employers to use on-call shifts and other flexible scheduling practices based on the variable needs of the business. In many cases, this creates the potential for employees to pick up additional shifts over their regular schedule. However, it is becoming increasingly difficult for employers to use these practices due to new legisl...

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Don't Get Caught Off Guard

​Alarmingly, the news these days is focused more and more on the threat posed by various terrorist groups intent on attacking us while we are going about our daily lives – at restaurants, sporting events, theatres, concerts and even while shopping. For venues open to the general public, deciding whether to manage this risk by using armed guards des...

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Q1: Think about Contract Management While the Year is Young

​If your business has not already done so, now is the time to consider establishing a comprehensive contract management policy to manage all of your business contracts. According to the International Association for Contract & Commercial Management (IACCM), poor contract management costs companies 9% -- Bottom Line. A contract management policy...

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Employers Plan for More Overtime Eligible Employees

​You may have heard that the federal Department of Labor (DOL) issued a proposed rule on July 6, 2015 that will change one of the tests for determining which employees are exempt from overtime requirements and greatly expand the number of employees who must be paid overtime for any hours worked over 40 in a workweek. The major change is the proposa...

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The Gig Economy - Implications for Businesses

​The Gig Economy - Implications for Businesses References to the "Gig Economy" are becoming increasingly frequent these days. And for good reason. According to the Freelancers Union, 53 million Americans now identify themselves as freelancers, 34% of the workforce[1]. According to a study by Intuit, the freelance workforce will grow even further to...

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Trump Presidency? What HR Changes Are In-Store

​With the election of Donald Trump to the presidency, businesses can expect a number of changes that may impact human resources. We looked at Donald Trump's campaign promises and proposals to see which ones will have the most direct and immediate effect on the workplace, if adopted. While we recognize that campaign promises are just that, here are ...

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New & Developing HR Trends

Going Local While the Trump administration is certain to be making changes going forward that will impact HR and employment practices; today's most significant HR trends are coming increasingly from the state and local level. Employers are already facing a proliferation of new and expanded employment regulations and requirements across the country....

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An Employers' Guide to the 2017 Company Holiday Party

​It's Fun, Fun, Fun - Until It's Not! We usually begin the joyful season of December by anticipating fun holiday parties and other seasonal festivities. This year, however, at company holiday parties around the country, it is likely that the sexual assault and/or harassment allegations against Harvey Weinstein, Charlie Rose, Kevin Spacey, Matt Laue...

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New Year | New Employment Laws

​With the new year comes new employment laws. While the Trump administration hasn't demonstrated an eagerness to add to current employment laws and regulations, several states and cities have done so.  Over 22 states have new employment laws going into effect in 2018. It can be difficult for employers to keep up with them all, but here are som...

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Intern Season is Almost Here

​As Spring is fast approaching, so is the race to hire interns for the summer season. As companies work through their internship budgets, there may be good news from the Department of Labor (DOL) due to updated guidance on internship programs the department issued in January 2018. Previously, courts used a six-factor test to determine if an intern ...

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New York Says “#MeToo” to Mandatory Sexual Harassment Prevention Policies and Annual Training Programs

​New York now joins California, Connecticut, and Maine in mandating that employers provide very specific and detailed sexual harassment policies to their employees and rigorous training for their supervisors in an effort to prevent sexual harassment before it occurs in the workplace. Recent amendments to the NYS Human Rights Law require that, effec...

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Are Class Action Waivers in Arbitration Agreements Valid? YES! Does Your Company Want to Adopt Them? MAYBE!

​On May 21, 2018, in a 5-4 majority decision in Epic Systems Corp. v. Lewis, No. 16-285, the U.S. Supreme Court found class action waivers in arbitration agreements to be valid and enforceable, settling a long-standing split among federal courts of appeals. The decision broadly affirms that class action waivers are enforceable regardless of the nat...

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Good News and Bad News for NYS Employers. Which do you want to hear first?

​Back in May we alerted you to recent amendments to the NYS Human Rights Law that required all NYS employers to adopt and distribute a sexual harassment prevention policy that meets or exceeds certain minimum standards by October 9, 2018. Employers were also required to provide compliant sexual harassment training to all employees by that same date...

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