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Study: Men who stand up for others at work may face a backlash
In the wake of the #MeToo movement, some have asked why women don’t always stand up to those who commit sexual harassment or misconduct. Common answers include fear of not being believed, fear of retaliation, and settlements with nondisclosure clauses. Now, a new hashtag-based movement…
Is it permissible to favor applicants with disabilities?
Imagine there are two applicants for a job. Both are similarly qualified, but one applicant has a disability and requires the use of a wheelchair. In that situation, federal anti-discrimination laws prohibit the employer from choosing the non-disabled applicant solely because the other applicant has…
DOL issues guidance on proper classification of contractors
The U.S. Department of Labor Wage and Hour Division recently issued a field assistance bulletin (FAB) entitled “Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver.” While the bulletin focuses on nurses and other caregivers, it provides valuable insight into the proper classification…
What Is a Turnover Proceeding?
Enforcing a judgment is largely a procedural endeavor. When a judgment is entered, the law bestows upon the creditor certain procedural powers that can be used not only against the debtor, but against people and entities associated with the debtor as well. One tool in…
New York construction company indicted for wage theft, fraud
“Time and again, we’ve seen how wage theft is symptomatic of an overall disregard for workers’ well-being on work sites where companies regularly defraud their employees,” said Manhattan District Attorney Cyrus R. Vance Jr. in a press release. His office has just obtained an indictment against CRV…
‘No poaching’ fast food franchise rules under scrutiny
The New York attorney general, along with attorneys general from nine other states, are investigating so-called “no poaching” agreements between franchisees. These agreements prevent one franchise location from hiring employees already in the same chain. The agreements, which are included in franchise contracts, are not…
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