Employment Law

New York State and NYC Sexual Harassment Laws:  How Employers Need to Respond

New York State and New York City have both introduced comprehensive legislation in a robust effort to prevent sexual harassment at work. The proposed laws were crafted in response to the national #MeToo social movement and the growing number of sexual harassment complaints that are being raised on a daily basis in the United States....
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The Cotto Case:  What NJ Employers Need to Know About the Compassionate Use Medical Marijuana Act (CUMMA)

Despite the Federal Controlled Substances Act prohibition of marijuana for any use or purpose, as a Schedule 1 controlled substance, it is the trend among the majority of the states, including New Jersey, to permit the use of marijuana for medical purposes. In addition, some states, such as Colorado, permit marijuana use for recreational purposes...
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What Does ‘Janus’ Mean for NJ and Its Public Union Membership?

This article originally appeared in the New Jersey Law Journal. In Janus, a 5-4 conservative majority reversed the long-standing right of public sector unions set forth in 'Abood,' to collect fair share agency fees from public employees who chose not to join the union. Under law, private, municipal, state and federal employees have the guaranteed right to...
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Workplace Investigations

What are workplace investigations and what is their purpose? Workplace investigations are an organization’s procedure for determining whether it was more likely or not that a policy was violated. The standard is whether there is corroboration, by a preponderance of the evidence, that there was a violation of company policy. A workplace investigation can be conducted...
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The Dangers of Unconscious Bias

On May 29th, 2018 coffee giant Starbucks will close 8,000 stores for the afternoon in order train about 175,000 employees on bias. This was the aftermath of a recent incident in Philadelphia in which 2 African American males were waiting for a friend in Starbucks. During that wait, they were not permitted to use the...
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