Internal Investigations: Get It Right or Pay the Price

It will come as no surprise to most of our readers that, in the 12 to 14 months following the advent of the #MeToo movement, we have seen a marked uptick in the request for advice and assistance in the conduct of sexual harassment investigations.  Below are some thoughts to keep in mind when approaching this issue, and when to bring in the professionals. Continue reading

McDonald’s says #MeToo

Macky D'sThe news has primarily focused on the effects of the #MeToo movement in high-profile industries. The numerous falls from grace of once-prominent men (and occasionally women) in politics, comedy, and film have percolated throughout news cycles for the last twelve months. Often, the women reporting the harassment or assault had their careers stunted or completely derailed by their harassers, typically (but not universally) men who were in a position of power. But on September 18 a group of women who have been previously largely overlooked came forward. Fast-food workers from McDonald’s chains in ten different cities went on strike to protest both the sexual harassment they endure, and the indifference with which their complaints are met. Continue reading

Why the Next Supreme Court Nomination Is Important for Employment Law

Supreme CourtThe 2018 Supreme Court spring rulings were undeniably victorious for employers. Epic Systems Corp. v. Lewis ruled that workers have to abide by arbitration agreements, and that such provisions do not violate the collective bargain rights of the National Labor Relations Act.  A second, Janus v. AFSCME, ruled that public-sector unions cannot require fair share fees from workers who do not wish to join the union.  The impact of these decisions has been significant for public- and private-sector employers, nationwide. Continue reading

New Trend in Maternity Leave

pink baby showerHere’s a headline that caught our eye: “Donating vacation time to new moms is a trendy co-worker baby shower gift.” That’s right, according to Good Morning America, it is becoming more popular for employers to allow their employees to donate their paid time off to their pregnant coworkers to allow them to have a longer maternity leave. Continue reading

Woah, Baby! Pregnancy Discrimination Update

business babyRegular readers of this blog will know that we have written pretty extensively on Women in the Workplace and Pregnancy (First Comes Love, Then Comes Marriage, Then Comes Flex-Time and a Baby Carriage, The Maternal Profiling Debate Continues, to name a few). In 2008 we wrote about a new study that focused on trends in Pregnancy Discrimination. 10 years later we are still having problems. Continue reading

Starbucks’ Racial Bias Training

StarbsTraining seems to be all the rage these days. From a possible new bill here in Delaware that would require sexual harassment training for employers with more than 50 employees, to implicit bias training, it seems that employers are realizing that the old standards of training aren’t enough. This has come about for many reasons. Continue reading