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    What is the PAID Program? How Can it Affect Employers? Resolution or Trap?

    On March 6, 2018, the U.S Department of Labor’s Wage and Hour Division announced a nationwide pilot program, the Payroll Audit Independent Determination (PAID) program. PAID allows employers to self-assess potential wage and hour underpayments under the Fair Labor Standards Act (FLSA) while helping to protect themselves against litigation threats from the Department of labor […]

    When Must an Employer Compensate its Employees for Time Spent Donning and Doffing?

    Donning and doffing refers to changing into and out of work clothes, gear, or equipment. To don means to put on work clothes, gear, or equipment. To doff means to take off work clothes, gear, or equipment. While both federal and state laws require that employers compensate employees for all “work” performed, both federal and state […]

    How Will The Tax Cuts and Jobs Act Affect Executive Compensation?

    On December 22, 2017, President Trump enacted The Tax Cuts and Jobs Act (the “Act”) which included significant changes to the tax laws regarding executive compensation. Executive compensation is defined as financial payments and non-monetary benefits provided to high-level management, this may include but is not limited to corporate presidents, chief executive officers, chief financial […]

    Getting Ahead of the EEOC’s New Sexual Harassment Guidelines

    The Equal Employment Opportunity Commission (“EEOC”) recently announced that it would be updating its guidelines on workplace sexual harassment for the first time since the 1990s. The announcement comes on the heels of the “Me Too” movement and at a time when sexual harassment is squarely in the public spotlight. Within the past few years, […]

    Is Your Sexual Harassment Training Working?

    The majority of companies today provide some form of sexual harassment training for their employees. This training is intended to help eliminate, or at least reduce, workplace sexual harassment by educating employees on what constitutes sexual harassment and how it can be prevented. However, studies have shown that sexual harassment training is actually not as […]

    Understanding Employer Liability for Workplace Sexual Harassment

    The topic of sexual harassment has become a hot button issue largely due to the recent rise of the “Me Too” movement which took off after allegations of sexual harassment were made against a number of prominent public figures. The Me Too movement has helped to expose the perceived prevalence of sexual harassment and assault, […]

    Amendments to Federal Rules of Evidence Effect ESI Authentication

    On December 1, new amendments to Federal Rules of Evidence 803(16) and 902 went into effect that are designed to change the way that electronically stored information (“ESI”) is authenticated in federal court. These amendments were made in response to growing concerns over a potential evidentiary loophole for ESI that has been stored for a […]

    What HR Departments Can Learn from the Weinstein Company?

    As the dust continues to settle on the Harvey Weinstein sexual harassment allegations, the future for both Weinstein and the company that bears his name is far from certain. Since the New York Times published an article detailing shocking allegations against Weinstein of a history of sexual harassment, the former movie producer has since checked […]

    Weinstein’s Contract May Have Protected Him against Sexual Assault Claims

    Details continue to emerge surrounding the major sexual harassment allegations against film producer Harvey Weinstein. One of the most shocking developments involves language in Weinstein’s employment contact with the Weinstein Company that may have permitted him to be sued for sexual harassment while continuing to keep his job. According to various news outlets, Weinstein’s contract […]

    Harvey Weinstein Fired From His Own Company Amid Massive Sexual Abuse Allegations

    Earlier this month, the New York Times published a bombshell article detailing numerous accounts of sexual abuse by movie mogul Harvey Weinstein over the course of three decades. The article accuses Weinstein of sexually harassing, and subsequently paying settlements to, at least eight women.  In the days following the article’s release, a number of other […]