Most employers and employees know what “at-will employment” means. Essentially, the “at-will” employment doctrine states that an employee can quit a job whenever they want, and an employer can also terminate an employee for any reason without notice or cause. What most employers and employees alike do not know is that there are generally four...
Republished: NY State Bar Association, Young Lawyers Section, Electronically In Touch e-newsletter Legal compliance is a significant part of running any business. Even if you are an attorney who is a solo practitioner or you work for a small law firm that has only a few employees, it is imperative you or your business are...
Last Tuesday, the U.S. Supreme Court heard oral arguments in the case Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, et. al, 137 S.Ct. 2290 (June 26, 2017). The case involves a Colorado baker’s refusal to make a wedding cake for a same-sex couple, Charlie Craig and David Mullins. Although the baker stated he was...
The Fair Labor Standards Act (“FLSA”) is a law that was enacted in 1938 and guarantees a minimum wage for all hours worked. The Act also requires that an employee work no more than 40 hours per week. If an employee works more than 40 hours a week, the employer must pay additional compensation, referred...
Some may think that transgendered issues are novel and just now receiving public attention because it is the newest activist topic to pursue. But, that could not be further from the truth. There are historical accounts of the existence of transgendered people in American society as far back as the 1600s. There is evidence that...
Unless you’ve been living under a rock, you are familiar with the protests that are taking place during NFL games- the “take a knee phenomenon.” The movement has gathered so much support that even some celebrities and public figures have posted photos while they are kneeling as a way of urging private citizens to support...
My parents always intimated that the ultimate measure of success is obtaining a job that is “secure.” You know…one of those good government jobs…with great benefits. My parents were born in the 1940s. Regarding livelihood, their attitudes were likely molded by THEIR parents-casualties of the Great Depression; victims of overt racial discrimination in the segregated...
Anyone who has conducted a job interview, or who has been interviewed knows how stressful the process can be. The interviewer is often stressed because they must walk a fine line between conducting a comprehensive interview and adequately vetting any potential applicant while also taking care to honor a plethora of employment and labor laws....
Employers typically endorse the use of social media in the workplace for professional or job-related use because it can encourage communication, collaborative exchange of ideas, and employee engagement with co-workers and supervisors. Employee use of social media can also expose employers to certain liabilities, however. For instance, employers can be held liable for defamation or...
Just a couple short weeks ago, the New York Times published an explosive article about film producer Harvey Weinstein, revealing allegations of sexual harassment that spanned decades and accusations of him engaging in inappropriate sexual behavior toward women with whom he has both supervised and mentored throughout his career. Since the New York Times article...
In 2016, before his impending departure, President Obama declared October “Domestic Violence Awareness Month.” The U.S. Department of Justice has defined domestic violence as “a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological...
Following the 2016 general elections on November 8, 2016, seven states passed new marijuana laws, bringing the total to 28 states, plus the District of Columbia, that now permit medical or recreational marijuana usage. Although the number of individual states that have passed marijuana laws continues to grow, marijuana use is still prohibited by Federal...
