On December 7, 2022, President Joe Biden signed the Speak Out Act (the “Act”), which limits the enforceability of pre-dispute non-disclosure and non-disparagement clauses covering sexual assault and sexual harassment disputes. The bipartisan Act was previously passed by the Senate and the House of Representatives by an overwhelming majority.
Continue Reading Speak Out Act Restricts Use of Non-Disclosure and Non-Disparagement Provisions
In a development that will impact postsecondary institutions of higher education throughout the country, yesterday the United States Department of Education’s Office of Civil Rights (“OCR”) issued a guidance letter explaining that the Department will no longer enforce a controversial Trump-era amendment to Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 (“Title IX”), shortly after the provision was vacated by a Massachusetts federal district court and remanded to the Department for further consideration and explanation.
Continue Reading Department of Education Ceases Enforcement of “Arbitrary and Capricious” Trump-Era Title IX Regulation
The United States District Court for the District of Massachusetts ruled this week that a controversial Title IX amendment by the Trump-era Department of Education was “arbitrary and capricious” under the Administrative Procedure Act and ordered that the rule be vacated and remanded to the Department for further consideration and explanation.
Continue Reading District of Massachusetts Rules Controversial Trump-Era Title IX Regulation “Arbitrary and Capricious”
This month, California Governor Gavin Newsom signed several employment-related bills into law. The laws go into effect January 1, 2020, and include an extension to the deadline to file certain state discrimination claims and address harassment training and prevention, as well as mandatory arbitration agreements.
Continue Reading New California Laws Increase Employee Protections
The #MeToo movement has placed sexual harassment on the front pages of newspapers, has galvanized some states to reconsider their own sexual harassment laws, and has encouraged employers to take a closer look at their policies and procedures. With such heightened awareness of sexual harassment, employers may feel an inclination to resolve doubts in favor of the accuser. A recent Second Circuit decision, however, illustrates a counterweight to this outlook.
Continue Reading Sexual Harassment Claims: Follow Policy and Procedure or the Accused May Become the Accuser
Yesterday, Governor Cuomo signed the last of several bills that massively overhauls New York State’s discrimination and harassment laws. Employers are advised to take a fresh look at their policies and practices to ensure that they are in line with all the recent changes in New York employment laws.
Continue Reading New York Overhauls Discrimination and Harassment Laws in Second #MeToo Wave
As part of a flurry of legislation enacted in 2018 as a response to the #metoo movement, 11 bills were signed to combat workplace sexual harassment. What does this mean for businesses? Hint: that training video you’ve been showing to new employees for years is likely no longer sufficient.
Continue Reading New York Mandatory Anti-Harassment Training Explained
Originally published in The Business Journals, Jayde Brown and Alan Marcius discuss proactive ways for employers to investigate complaints in the #metoo era. Read more here.
Continue Reading Ten Tips for Conducting Effective Workplace Investigations in the #MeToo Era
To all employers in Washington DC who employ tipped workers, heed this warning: as of July 1, 2019, you must comply with new notice, reporting, and training requirements, as set forth in the Tipped Wage Workers Fairness Amendment Act of 2018.
Continue Reading DC Employers of Tipped Workers Must Prepare To Comply With New Wage and Hour Requirements
Today, New York City’s anti-sexual harassment training law goes into effect. Under the new law, private employers must provide annual “interactive” sexual harassment training to their entire workforce, including some independent contractors and part-time employees. The NYC law is similar—but not identical—to a recently enacted New York state law mandating sexual harassment training.
Continue Reading New York City Anti-Sexual Harassment Training Law Takes Effect on April 1, 2019