Policies & Procedures

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If The Shoe Fits: How Footwear Policy May Lead To Wage And Hour Violations

Hotel and restaurant employers commonly require employees to wear uniforms, some as simple as a shirt with company logo, others requiring a more complete look: jacket or blouse and pants or skirt, or dress. Some employers, however, fail to consider the consequences of imposing the cost of the uniform on an employee. Under the federal ...
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5-Step Plan To Address Growing Sexual Harassment Concerns

For several months now, it seems that each new day has brought about a fresh round of reporting on yet another high-profile sexual harassment accusation. What started in October with substantiated allegations against movie producer Harvey Weinstein has blossomed into dozens of claims against Hollywood executives, actors, comedians, politicians, media personalities, and corporate executives. The ...
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Steps Employers Can Take to Prevent and Respond to Claims of Sexual Harassment

High-profile instances of inappropriate sexual behavior and sexual harassment in the workplace continue to grab headlines. While media coverage has focused on cases from the media, entertainment and political arenas, every employer should have heightened awareness of sexual harassment in the workplace at this time, regardless of industry. Of course, the media coverage of the ...
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What American Companies Need to Know about the EU’s New General Data Protection Regulation

The General Data Protection Regulation (GDPR) is a new data privacy and security law in Europe that will go into force on May 25, 2018. Every organization that does business with EU customers, regardless of the home base of the organization, and regardless of the size of the organization, must come into compliance or risks ...
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Accommodating Pregnancy Under State and Federal Law

Laws requiring both public and private employers to accommodate their pregnant employees have become a trend over the past several years.  Indeed, this past July, Massachusetts became the 22ndstate, along with the District of Columbia, to pass a law that requires an employer to engage in the interactive process and provide an accommodation to a pregnant ...
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It’s time to wake up and figure out how GDPR affects you!

You’ve heard about the GDPR, right? As I’ve spoken with people (security people and “civilians”), I’ve found many who had no idea that the GDPR was a thing.  I know Americans tend to have a very US-centric view of the world, but the GDPR is critical for any business with a presence, customers, or clients in ...
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Workplace Violence Occurring At Alarming Rate: Time For Employers To Be Proactive

It’s a news headline we’ve seen too often, including several times in recent weeks: another disgruntled employee or former employee has entered the workplace and killed or injured coworkers. What can you do to minimize the chances that your workplace will suffer such a tragedy? Employers Should Avoid “Wait-And-See” Approach Often the employee assailant previously ...
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Employment Taxes: A Look at Changing Enforcement Patterns

Roughly seventy percent of the federal government’s revenues come from employment taxes, including FICA and income taxes withheld from employees’ wages. Consequently, threats to that source are taken quite seriously. All employers need to be aware of the significant changes in employment tax enforcement that have increased the risks faced by the non-compliant. Traditional Employment ...
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How ‘Ban-the-Box’ Ordinances Complicate Hiring at Hotels

Beginning Jan. 22, Los Angeles enacted the Fair Chance Ordinance, a so-called “ban-the-box” law that prevents employers from investigating the criminal histories of potential employees before submitting a conditional offer of employment. The goal of the law is to evaluate potential employees without acknowledging criminal history, but it also complicates the employment process. Michelle Sumner, ...
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Establishing “Workweeks” For Exempt Employees

We have written previously about how important the “workweek” concept is in complying with the federal Fair Labor Standards Act’s minimum-wage and overtime requirements. An FLSA workweek is a fixed, regularly-recurring period of seven, consecutive, 24-hour periods that management expressly adopts for FLSA purposes.  Employers must select and document at least one such workweek (or ...
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