December 10, 2019

Whether or Not Your Employer Provides Training on Workplace Sexual Harassment, It's Still Illegal

As new laws go into effect in a number of states, requiring mandatory workplace sexual harassment training, many companies are utilizing video or interactive training developed and produced by law firms, labor departments or human resources companies. However, regardless of whether or not your company currently offers sexual harassment training or clearly posts its policies, state and federal guidelines, or provides clear and confidential mechanisms for handling harassment, sexual harassment in the workplace is always illegal.

While legislators and policy makers in states such as New York and California have responded to recent revelations about workplace harassment and the pressures of #MeToo to develop new guidelines and policies regarding workplace sexual harassment, which include mandatory harassment policies and training, there is evidence to suggest sexual harassment training does little to curb workplace harassment. Legal scholars and researchers have argued in recent years that mandatory training simply provides cover for employers while failing to address the larger, systemic roots that cultivate a culture of workplace harassment. This makes it ever more important to emphasize that sexual harassment is illegal no matter what policies are in place at your work to prevent sexual harassment.

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5 Tips for Parental Leave Policies That Minimize Risk

May 15, 2018
Paid Family Leave
FMLA
Pregnancy Discrimination
Laurie Berke-Weiss and Alex Berke were quoted in a recent Law360 article about minimizing legal risk for employers around parental leave issues.

New Sexual Harassment Laws for Employers

April 17, 2018
Sexual Harassment
The New York State Legislature and New York City Council have recently enacted new measures in an attempt to prevent sexual harassment. Both legislative bodies passed a series of new laws that employers need to be aware of and comply with.

Department of Labor Adopts Appellate Court Test

February 23, 2018
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On Friday, January 5, the U.S. Department of Labor adopted a new test for determining whether interns qualify as employees under the FLSA, rescinding agency guidance from 2010.

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