Kenneth's Posts
The EEOC guidance on COVID vaccines is now updated. On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance related to the COVID-19 pandemic and vaccinations. The expanded EEOC guidance on COVID vaccines provides new information, including information for disability related inquires, such as the Americans...
Read More There are a number of factors to determine if a company is properly classifying workers as contractors. Effective May 6, 2021, the U.S. Department of Labor withdrew the “Independent Contractor Rule.” In a press release, the Department withdrew the rule for several reasons, including: The independent contractor rule was in...
Read More A year of transformation and challenge led to new and innovative business practices that will survive the pandemic. The prevalence of remote work is one of many emerging paradigms that present new opportunities and challenges. In this climate, dynamic and adaptive businesses will thrive. In this 45-minute webinar, Berman Fink...
Read More The American Rescue Plan (“ARP”) COBRA Subsidy is a comprehensive legislative attempt to address serious problems caused by the COVID-19 pandemic. One of the most important problems it aims to solve is the loss of health insurance many American workers have experienced due to loss of employment. COBRA continuation coverage...
Read More The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. To be entitled to FMLA leave, an employee must notify his or her employer as soon as possible each time FMLA leave is needed and provide the employer with...
Read More In the spirit of the college basketball championship, you can test your knowledge of the EEOC charge filing statistics by completing the bracket and selecting the most filed charge of workplace discrimination in FY 2020. How to Find ResultsThe comprehensive enforcement and litigation statistics for FY 2020, which ended Sept....
Read More It is often said that when it comes to rules and officiating in sports, teams do not care if the game is called loosely or tightly, they just want consistency. The same can be said in the business world when it comes to employment laws and regulations. Employers want consistency....
Read More The United States Department of Labor (USDOL), through the Occupational Safety and Health Administration (OSHA), has issued revised safety guidance about COVID-19. OSHA’s “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace” provides updated guidance and recommendations, and outlines existing safety and health standards. OSHA...
Read More I have been conducting anti-harassment training for over 20 years. Since the advent of smartphones, I have cautioned clients about the dangers of misusing smartphones as part of my training. I can now add another “lifted from the headlines” example to my presentation. GM Fired for Lewd TextsThe New York Mets...
Read More As an alum of The Ohio State University and a passionate Buckeye fan, I was disappointed by the outcome of the 2021 College Football Championship. But that did not take away from the joy of seeing the Buckeyes win a revenge game against Clemson in the 2021 Sugar Bowl. Last...
Read More The U.S. Department of Labor’s Wage and Hour Division (WHD) issued additional guidance on the Families First Coronavirus Response Act (FFCRA). The guidance was necessary because the FFCRA’s paid sick leave and expanded family and medical leave requirements expired on December 31, 2020. The new guidance is in a “Frequently...
Read More In response to the COVID-19 pandemic, the U.S. Department of Labor (DOL) made it easier for employees to comply with the treatment requirements of the Family and Medical Leave Act (FMLA). In a July 2020 FAQ, the DOL adopted a policy that that it would temporarily consider a telemedicine visit...
Read More Once again there were several NFL head coach terminations on “Black Monday” – the day following the end of the regular professional football season. As in prior years, none of these terminations were a surprise, because the main criteria to determine success as a coach – wins v. losses --is...
Read More NOTE: On Sunday December 20, 2020, Ken Winkler was featured in the Atlanta Journal Constitution’s article, “Employers must weigh many issues in considering vaccine mandates.” The U.S. Equal Employment Opportunity Commission has responded to growing questions about an employer’s legal right to require employees to obtain COVID-19 vaccines. The EEOC...
Read More As a life-long Cincinnati Bengals fan, I was excited when the Bengals selected quarterback (QB) Joe Burrow as the number one pick in last year’s NFL draft. At the same time, I felt bad for Burrow. The Bengals have not been very competitive for a long time. They have had...
Read More The Centers for Disease Control and Prevention (“CDC”) issued new guidance clarifying what “close contact” means when it comes to transmission of the virus that causes COVID-19. The new COVID-19 exposure guidelines now provides that brief interactions can expose individuals to the virus. https://youtu.be/Y9po2wO0nJc CDC’s New COVID-19 Exposure GuidanceThe...
Read More The Eleventh Circuit recently held that a bus operator’s request for a nine-week leave of absence to recover from surgery would cause an undue hardship. As such, the bus operator could not establish a claim of discrimination under the American’s with Disabilities Act (“ADA”). Although this case did not involve...
Read More The U.S. Equal Employment Opportunity Commission (“EEOC”) has posted an updated and expanded technical assistance publication addressing employment questions related to the COVID-19 pandemic. The publication, "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws" (“WYSK”) provides approaches employers may adopt as they...
Read More Novak Djokovic, the number 1 ranked tennis player in the world, was disqualified from the US Open tournament when he hit a ball in frustration and struck a lineswoman in the neck. The lineswoman immediately dropped in pain when she was struck which led to a tense few moments. The Grand...
Read More On August 11, 2020, Georgia expanded protection for new moms in the workplace by enacting legislation requiring employers to provide paid lactation breaks and private locations at the worksite for employees to express breast milk. The new law, known as “Charlotte’s Law,” provides more protection to nursing mothers than...
Read More The U.S. Department of Labor’s Wage and Hour Division (WHD) published new frequently asked questions (FAQs) for workers and employers about qualifying for paid leave under the Families First Coronavirus Response Act (FFCRA) related to the reopening of schools. The updated guidance explains eligibility for paid leave relative to the...
Read More Under the “Georgia COVID-19 Pandemic Business Safety Act” (the “Act”), Georgia businesses and hospitals will receive some protection from liability from claims related to COVID-19. The Act, signed into law by Governor Brian Kemp on August 6, 2020, provides substantial liability limitation against tort claims. Who is protected by the...
Read More Recently, 15 former female employees and two journalists who covered the Washington Redskins accused team staffers of sexual harassment and verbal abuse. The Washington Post broke the story and obtained screenshots of text messages in which the team's assistant director of pro personnel made inappropriate, sexual comments to a female...
Read More The U.S. Department of Labor’s Wage and Hour Division (WHD) has published new guidance to help workers and employers understand how the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response Act (FFCRA) impact the workplace as businesses continue to reopen....
Read More Recent sporting events prove relevant for employers facing a return to work plan. Novak Djokovic, the No. 1 ranked tennis player, tested positive for COVID-19 during his Adria Tour in the Balkans, as did other players on the tour including Bulgaria’s Grigor Dimitrov. Djokovic’s coach, Goran Ivanisevic, who initially tested...
Read More Employees can’t be required to take COVID-19 antibody testing without violating the Americans with Disabilities Act. This was the statement made by the EEOC in its updated technical assistance publication addressing questions under the Federal Equal Employment Opportunity Laws related to the pandemic, including COVID-19 antibody testing. In light of...
Read More In a landmark decision, the United States Supreme Court held that existing federal discrimination laws prohibit discrimination based on sexual orientation and gender identity.In a historic 6-3 ruling linking a trio of cases, the Court determined that Title VII of the Civil Rights Act, a federal law that prohibits discrimination...
Read More The U.S. Equal Employment Opportunity Commission (“EEOC”) has posted an updated and expanded technical assistance publication addressing employment questions related to the COVID-19 pandemic. The publication, "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws" provides approaches employers may adopt as they plan...
Read More School is out and summer is here, leaving many employees to consider something they would have never even heard about just a few short months ago: a FFCRA leave (Families First Coronavirus Response Act). As employers begin to reopen offices and recall employees back to work, many parents may be...
Read More This webinar focuses on employment issues and concerns you will face in re-opening your business, including unemployment, employee refusals to return to work and medical testing and safety. This presentation is part of BFV’s “Office Hours,” a series of webinars to address multiple aspects of re-opening your business in today’s...
Read More The Georgia Department of Labor (GDOL) has developed a program to allow employer filed partial claims to be converted to individual claims. This new process will allow employees who are permanently terminated the opportunity to continue receiving benefits without interruption. Historically, when an employer laid off an employee permanently, the...
Read More On April 27, 2020, the United States Department of Labor (“U.S. DOL”) issued additional guidance about federal unemployment benefits under the Pandemic Unemployment Assistance (PUA) program. The PUA provides unemployment assistance to workers typically excluded from regular state unemployment benefits, such as self-employed workers, independent contractors and workers with...
Read More There has been a lot of discussion about COVID-19 testing of employees. On April 23rd, the Equal Employment Opportunity Commission (EEOC) stated that employers may test employees for COVID-19 before they enter a work site without violating the Americans with Disabilities Act. This information is updated in the EEOC’s publication,...
Read More The Occupational Safety and Health Administration (OSHA) has issued an alert listing the following safety tips employers can follow to help protect employees and keep manufacturing workers safe from exposure to coronavirus. OSHA Safety TipsThe tips below are provided for employees working in the manufacturing industry: Practicing social distancing. This...
Read More The Georgia Department of Labor (GDOL) continues to update its systems to distribute federal Unemployment funds as part of the CARES Act (Coronavirus Aid, Relief, and Economic Security) bringing economic relief to many Georgians. As a reminder, the CARES Act established three new federal unemployment programs: The Federal Pandemic Unemployment...
Read More The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) has issued a new poster listing steps all workplaces can take to reduce the risk of exposure to the coronavirus. The poster highlights 10 infection prevention measures every employer can implement to protect workers’ safety and health during the...
Read More The IRS has issued new guidance explaining the refundable tax credits under The Families First Coronavirus Response Act (the "FFCRA"). The FFCRA was signed by President Trump on March 18, 2020. It provides small and midsize employers refundable tax credits that reimburse them, dollar-for-dollar, for the cost of providing paid...
Read More On April 1st, the U.S. Department of Labor (“USDOL”) issued a temporary rule for the Families First Coronavirus Response Act (FFCRA). The temporary rule, among other things, confirmed that employees must give notice to their employers of the need to take leave and provide documentation to support paid sick leave and...
Read More The U.S. Department of Labor issued guidance to help explain the leave provisions of the Families First Coronavirus Response Act (the “Act”). The Act makes many employers pay employees who can't work because of issues related to COVID-19. The guidance includes the following:Fact Sheet for Employees;Fact Sheet for Employers; and...
Read More On Wednesday, March 18, 2020, President Trump signed into law the Families First Coronavirus Relief Act, H.R. 6201 (the “Act”). This update explains key aspects of the Act that provide for paid Family and Medical Leave Act (FMLA) and paid sick leave. Emergency Family and Medical Leave Act (“FMLA”) Employers...
Read More The impact of COVID-19 is forcing employers to make rapid and difficult staffing decisions. Recent headlines highlight massive furloughs, layoffs and workforce reductions throughout the United States. Although each of these actions have separate meanings and purpose, many people lump them together. This can lead to confusion among company decision...
Read More Below is important information for the following:* Filing for unemployment;* Mandatory filing by employers for partial claims; and* Reemployment In response to the recent development of COVID-19, the Georgia Department of Labor (GDOL) is temporarily suspending in-person requirements for agency-provided services. In accordance with Governor Kemp’s recommendation, the GDOL is...
Read More The COVID-19 crisis is unprecedented. It has created complex challenges to employers who must comply with numerous employment laws and regulations. This document has been developed to address frequently asked questions (FAQs) about the COVID-19 coronavirus and provide guidance from federal agencies including, but not limited to, the Center for...
Read More Normally, at this time of the year we would be engrossed in the excitement of the college basketball championships and tracking our brackets. To help fill this void, in the spirit of the college basketball championship, you can test your knowledge of the EEOC charge filing statistics by completing the...
Read More Do I have a wrongful termination claim? This is often the first question an employee asks when they lose a job. This is especially true if the employee feels blindsided or otherwise treated unfairly. Generally, wrongful termination claims are based on either: (1) an alleged breach of an employment contract;...
Read More New York Giants football head coach Pat Shurmur was terminated on “Black Monday” – the day following the end of the regular professional football season that is notorious for terminations. The night before Freddie Kitchens was fired as head coach of the Cleveland Browns. Several days later, the Dallas Cowboys...
Read More On January 1, 2020, the U.S. Department of Labor's (DOL) final regulation of the federal overtime rule became effective. The final federal overtime rule updates the earnings thresholds necessary for an employer to exempt executive, administrative, or professional employees from the Fair Labor Standards Act (“FLSA”) minimum wage and overtime...
Read More If you engage workers as independent contractors, you may be faced with a Department of Labor (DOL) Wage and Liability form one day. Engaging workers as independent contractors can be risky. In recent years, there has been increased scrutiny over independent contractor classification at both the federal and state levels....
Read More The U.S. Department of Labor (DOL) announced it finalized its update of the federal overtime rule. The final regulation will become effective January 1, 2020.The final federal overtime rule updates the earnings thresholds necessary for an employer to exempt executive, administrative, or professional employees from the Fair Labor Standards Act...
Read More Controversial professional tennis player Nick Kyrgios once again grabbed headlines after he was fined $113,000 by the Association of Tennis Professionals (“ATP”) for his outburst at the Western and Southern Open in Cincinnati, Ohio. The Incident Kyrgios went ballistic after he received a time violation warning on his serve by...
Read More There have been many studies that link alcohol abuse to sexual assault, but what about alcohol and workplace harassment? A female North Carolina fencing coach has alleged that she was groped on a plane by a Penn State assistant fencing coach, who allegedly was intoxicated. She further alleges that when...
Read More Many employers have rules stating that their employee handbooks and the policies contained within them are confidential. A recent National Labor Relations Board (“NLRB”) advisory guidance memo says that such a rule runs afoul of the National Labor Relations Act (“NLRA”). Why? The NLRB says that a policy that treats an...
Read More The United States Supreme Court agreed to determine whether federal employment law prohibits sexual orientation and transgender discrimination. What is the Court Going to Clarify? The high court has announced that it will hear a trio of cases that raise the issue of whether Title VII of the Civil Rights...
Read More The Equal Employment Opportunity Commission (“EEOC”) recently released its charge statistics for FY 2018. The number of employment discrimination charges filed in FY 2018 totaled 76,418, a decrease from FY 2017. The EEOC obtained more than $500 million in FY 2018 through mediation, conciliation, settlements and litigation.It is no surprise...
Read More Claiming discrimination in pay, twenty-eight members of the women’s current U.S. national soccer team filed a federal lawsuit against the U.S. Soccer Federation for equal pay. Specifically, the lawsuit alleges violations under the Equal Pay Act (“EPA”) and Title VII of the Civil Rights Act and seeks damages and class...
Read More The U.S. Department of Labor (DOL) has released its long-anticipated revised “overtime rule.” The proposed rule seeks to increase the salary threshold for white-collar exemptions to $35,308 per year, or $679 per week. The current salary threshold is $23,660. This means that workers earning less than $35,308 would be eligible...
Read More The Department of Labor’s (DOL) new overtime rule will likely increase the salary requirement for the white-collar exemptions to overtime pay under the Fair Labor Standards Act. The current threshold is $23,660.The new rule is also expected to explain how to calculate the salary level going forward.Q: When will the...
Read More Recently, the National Labor Relations Board (“NLRB”) broadened the standard for who is considered an independent contractor. The new standard makes it easier for companies to treat their workers as independent contractors under the National Labor Relations Act (“NLRA”). This is a big win for employers, because independent contractors cannot...
Read More As is the tradition, there were several NFL head coach terminations on “Black Monday” – the day following the end of the regular professional football season. None of these terminations were a surprise. NFL head coaches understand that winning a lot of football games is a job expectation and losing...
Read More The Equal Employment Opportunity Commission (EEOC) has published a report on “The State of Age Discrimination and Older Workers in the U.S. 50 Years After the Age Discrimination in Employment Act (ADEA).” One of the main points of the report is that age discrimination remains a significant and costly problem.Age...
Read More On August 22, 2018, The Ohio State University held a press conference and revealed that football coach Urban Meyer would not lose his job over the handling of the Zach Smith domestic violence controversy. Instead, Coach Meyer was issued a 4-game suspension. As expected, the University’s decision resulted a media...
Read More “Say it, say you’re sorry. Then don’t talk to me, don’t talk to me. How dare you insinuate I was cheating? You stole a point from me. You’re a thief too.”This now infamous outburst may have cost Serena Williams the U.S. Open Championship title and a renewed discussion on sexual...
Read More A few weeks ago, I had the pleasure of attending the Western & Southern Open in Cincinnati, Ohio. It was a great tournament because the top men and women players participate in an effort to get ready for the U.S. Open. One of the most enjoyable matches I saw was...
Read More As a dual graduate of The Ohio State University and a proud Buckeye fan, I was saddened to see Ohio State head football coach Urban Meyer at the center of the latest sports controversy. Coach Meyer was placed on paid administrative leave by Ohio State as the University investigates whether...
Read More The U.S. Equal Employment Opportunity Commission (EEOC) recently filed a lawsuit against a Federal Credit Union for retaliation. The lawsuit alleges that the Credit Union unlawfully terminated its Branch Manager for complaining about a training video that was shown during a training session. According to the EEOC's lawsuit, the video depicted a...
Read More The #MeToo movement has cast a national spotlight on the issue of sexual harassment in the workplace. Be assured that the U.S. Equal Employment Opportunity Commission (EEOC) is well aware of the movement and has focused and committed to combating sexual harassment in the workplace. This month the EEOC filed...
Read More Governor Nathan Deal recently signed into law the Hands-Free Georgia Act, which will take effect on July 1, 2018. With the passage of the Act, Georgia is now one of sixteen states that prohibits all drivers from using hand held cell phones while driving.What Does the Law Prohibit? The Act...
Read More In a recent landmark opinion, the U.S. Supreme Court held that class action waivers in arbitration agreements are enforceable. On May 21, 2018, in a 5-4 decision, the Supreme Court confirmed that employers can use arbitration agreements requiring employees to waive the right to file class action lawsuits and to...
Read More Nine former NFL security representatives recently filed a federal lawsuit against the NFL claiming they were misclassified as independent contractors and unlawfully fired by the league because of their age. They also claim they were unlawfully denied compensation and overtime pay. As security representatives, the plaintiffs were responsible for providing game...
Read More With sexual harassment allegations against dozens of well-known figures drawing national attention to the issue of sexual harassment in the workplace, Berman Fink Van Horn welcomed a full house to its Breakfast Briefing, “Protecting your Business in the Wake of #MeToo.” Shareholder Kenneth Winkler led an interactive discussion that focused on proactive...
Read More The Equal Employment Opportunity Commission (EEOC) recently released its charge statistics for FY 2017. The number of employment discrimination charges filed in FY 2017 totaled 84,254, a decrease from FY 2016 and the lowest number of charges filed since FY 2007. The EEOC obtained more than $484 million in FY...
Read More Larry Nassar, the former team doctor for USA Gymnastics and the former team doctor at Michigan State University (MSU), was sentenced to up to 175 years in prison after being convicted for criminal sexual conduct. The amount of reported abuse by the victims is horrific. Over 150 women and girls...
Read More The EEOC (U.S. Equal Employment Opportunity Commission) recently released for public comment a draft of its Strategic Plan for Fiscal Years 2018-2022. The draft plan can be found at Regulations.gov. The Strategic Plan serves as a framework for the EEOC in achieving its mission through the strategic application of...
Read More The College Football Selection Committee has spoken. Alabama nudged out my beloved Ohio State Buckeyes for the fourth and final spot of the National Championship Playoff picture this year. For several hours leading up to the selection, I watched the pundits debate about which team they felt deserved to be...
Read More The recent FBI probe into college basketball corruption has led to the arrest of 10 people so far. These arrests include four college coaches and an Adidas representative accused of taking kickbacks in exchange for sending recruits to certain financial advisors and managers. The conditions that fuel sports scandals, such...
Read More The Boston Red Sox recently got caught stealing catcher signals by their rival the New York Yankees. This alone is not shocking. Stealing signals has long been a part of major league baseball. In 2010, the Colorado Rockies accused the Philadelphia Phillies of using binoculars from the bullpen to steal...
Read More Italian professional tennis player Fabio Fognini was suspended from the U.S. Open this week after he committed three separate unsportsmanlike incidents during his first–round loss. The most egregious outburst was cursing at the chair umpire and calling her a whore in Italian. I do not know what the other two...
Read More As a Roger Federer fan, it is hard to claim a bigger story at Wimbledon 2017 than his feat of winning his record breaking 8th men’s singles title. But from a human resources standpoint, I was intrigued by the drama surrounding Australian professional tennis player Bernard Tomic’s meltdown. Corporate sponsor,...
Read More While no business owner wants to conduct a layoff, it sometimes becomes a business necessity for an employer to reduce its workforce. The sports broadcasting industry was rocked this spring when ESPN conducted a mass layoff of its anchors, reporters and analysts. The layoffs were purportedly driven by declining subscribers,...
Read More Racism reared its ugly head in Boston’s Fenway Park when Red Sox fans shouted racial slurs, including the “N-word” at Baltimore Orioles center fielder Adam Jones. The incident ignited public outcry including a statement by Boston’s mayor who denounced the fan’s conduct and said the actions did not represent the...
Read More Media sources are reporting that the much-anticipated mass layoffs at ESPN will reportedly take place over the next month. The rumors are that ESPN must reduce its payroll by tens of millions of dollars and will do so by cutting 40-50 staff members including some recognizable on-air talent. Disney, which...
Read More The slogan, “Every kiss begins with Kay,” may now be taking on some unintended connotations given the multitude of allegations of sexual harassment and discrimination levied against Sterling Jewelry Co., the multi-billion-dollar conglomerate including Jared and Kay Jewelers. As Heather Ballou, a former store manager at Kay who is part...
Read More Former Penn State University President Graham Spanier was found guilty over his handling of child sexual abuse allegations against former Penn State Assistant football coach, Jerry Sandusky. As employers and community members, there are many important lessons to be learned from this scandal. According to a NBC news report, the...
Read More Last week, the United States women’s national hockey team decided to boycott the International Ice Hockey Federation world championship this month, after initial rounds of negotiations failed for an increase in wages and support from U.S.A. Hockey. The world championship begins March 31 in Plymouth, Mich., which is the new home...
Read More The Equal Employment Opportunity Commission (EEOC) recently released its charge statistics for FY 2016. The number of employment discrimination charges filed in FY 2016 totaled 91,018 a slight increase from the number of charges (89,385) filed in FY 2015. The EEOC obtained more than $482 million in FY 2016 through...
Read More On February 10, 2017, the Tampa Bay Buccaneers (“Bucs”) reached a settlement with former kicker Lawrence Tynes stemming from a lawsuit Tynes filed against the team after he contracted Methicillin-resistant Staphylococcus aureus (“MRSA”). MRSA is an infection caused by a type of staph bacteria that has become resistant to many...
Read More Several NFL head coaches were terminated on “Black Monday” – the day following the end of the regular professional football season. The coaches were Jeff Fisher (Los Angeles Rams), Gus Bradley (Jacksonville Jaguars), Chip Kelly (San Francisco 49ers), Rex Ryan (Buffalo Bills), and Mike McCoy (San Diego Chargers). None of...
Read More If former NBA coach George Karl’s Christmas list included publicity over the release of his new book, “Furious George”, his faith in the existence of Santa cannot be shaken.For several days ESPN and other networks and sports outlets have been airing and discussing certain quotes from Karl’s book that are...
Read More The ACC has fined Virginia Tech and Louisville $250,000 after it was discovered that the schools received confidential game-plan information from terminated Wake Forest radio analyst Tommy Elrod prior to their games against Wake Forest in 2014 and 2016. It has been reported that Elrod, who is also a former...
Read More The deadline was set. On December 1, 2016, the Department of Labor’s (DOL) new Rule to expand the number of workers eligible for overtime compensation was to become effective. Then, just 8 days before the ruling, a U.S. District Court judge in Texas issued a nationwide injunction to block the new...
Read More Never has it been more pressing for employers to understand the exemptions rules under Fair Labor Standards Act (FLSA). This presentation provides an introduction to FLSA wage and hour compliance and tips to comply with the new Department of Labor Overtime Rule (Effective 12/1/16). Additional highlights include: Requirements for Exemptions...
Read More First and 10 for Employers: On November 22, 2016, U.S. District Judge Amos L. Mazzant, III of Texas issued a nationwide injunction blocking the U.S. Department of Labor’s new overtime Rule that was designed to expand the number of workers eligible for overtime compensation. This Order was a huge victory...
Read More Equal pay? Controversy surrounding the U.S. Women’s national soccer team continues to provide insight into important employment law developments. On March 29, 2016, five members of the team filed a charge of discrimination against the U.S. Soccer Federation with the Equal Employment Opportunity Commission (EEOC), alleging disparity in pay between...
Read More All employers subject to FLSA, the Fair Labor Standards Act's minimum wage provisions and the Employee Polygraph Protection Act (EPPA), must post, and keep posted, a notice explaining these laws in a conspicuous place in all of their establishments so as to permit employees to readily read it. These posters...
Read More The topic of Equal Pay in sports and beyond continued to receive national attention at this year’s ESPY Awards. Two female award recipients, Abby Wambach and Breanna Stewart, used the stage as an opportunity to speak out about pay disparity between the sexes. The topic of equal pay garnered much...
Read More Hostile work environment? There was a lot of hoopla over Draymond Green’s use of the word “B___” during his confrontation with LeBron James in Game 4 of the NBA Finals. Green was suspended from Game 5 of the series because he had amassed his fourth flagrant foul point of the...
Read More On May 18, 2016, the U.S. Department of Labor (DOL) issued a new rule that doubles the salary threshold for overtime exemption under Fair Labor Standards Act (“FLSA”). The rule is anticipated to extend overtime eligibility to an estimated 4.2 million workers who are currently classified as exempt. This rule...
Read More Two recent sports headlines have brought to the forefront the issue of equal pay for women in sports and the workplace in general. On March 22, 2016, Raymond Moore, the chief executive of the Indian Wells Tennis Garden in California and director of its tournament, resigned as a result of...
Read More Adam Laroche, a first baseman and designated hitter with the Chicago White Sox, has made headlines over his decision to retire from major league baseball due to the White Sox’s request to reduce the time his 14-year-old son spends with the team.Laroche’s resignation is an unusual situation that has sparked...
Read More The Equal Employment Opportunity Commission (“EEOC”) recently released its charge statistics for FY 2015. The number of employment discrimination charges filed in FY 2015 totaled 89,385 a slight increase from the number of charges (88,778) filed in FY 2015. The EEOC obtained more than $525 million in GY 2015 through...
Read More In October 2015, former Canadian Olympic Committee (“COC”) President Marcel Aubut resigned from office in the midst of a sexual harassment scandal. The COC has since announced that it will commit to making significant changes to its workplace policies and procedures to improve the work environment. The particular changes include:...
Read More On Friday, January 8, 2016, former St. Louis Cardinals Director of Baseball Development, Christopher Correa, pleaded guilty to criminal charges for breaching the private database of the Houston Astros. Correa admitted using someone else’s password to gain access to email, and accessing the player database of the Astros. From March...
Read More Employment laws and regulations are constantly changing, creating challenges for employers and their executives who handle human resource issues. As we enter the new year, below is a summary of five key employment issues to be aware of in 2016. 1. Protecting Trade Secrets In today’s business landscape, protecting your...
Read More Employee Rights: Employees who are alcoholic may be protected from discrimination under federal law.The recent firing of University of Southern California football coach Steve Sarkisian for his alcohol related conduct brings to the forefront the impact that alcohol abuse has on the workplace. Employees with alcohol problems often exhibit poor...
Read More This has been a tough off-season for the NFL and its team owners. While media attention has focused on the League drama surrounding Deflategate, individual NFL franchises have experienced legal problems of their own.The Cincinnati Bengals recently agreed to pay up to $255,000 to settle a class action lawsuit brought...
Read More While it might be logical to assume that federal employment law prohibiting religious discrimination in the workplace was created to protect individuals belonging to religious minorities, a recent lawsuit filed by a former NFL player and analyst against Fox Sports demonstrates that members of any faith can invoke the protection...
Read More Roger Goodell’s decision to uphold the four game suspension of Patriot quarterback Tom Brady has created a media frenzy, and for good reason. The battle between Goodell and the NFL on one side and Tom Brady, the National Football League Players Association, and Patriots owner Robert Kraft on the other...
Read More Hawaii recently enacted legislation that voids non-compete and non-solicitation of employee covenants for employees in the high tech sector. The new law applies to Hawaii employers engaged in “a trade or business that derives the majority of its gross income from the sale or license of products or services resulting from...
Read More On June 30, 2015, The U.S. Department of Labor ("DOL") Wage and Hour Division issued proposed regulations which, if adopted, could significantly increase the number of individuals who are eligible for overtime pay. The DOL's proposed changes are in response to President Obama's March 2014 Presidential Memorandum directing the DOL to simplify the...
Read More A liquidated damages clause is a contractual provision that specifies at the outset of a business relationship the monetary damages to be awarded in the event of a contractual breach. Liquidated damages are typically included in contracts to avoid the need to prove actual damages in the event a party...
Read More The Equal Employment Opportunity Commission (“EEOC”) recently released its charge statistics for FY 2014. The number of employment discrimination charges filed in FY 2014 totaled 88,778. The number of charges filed in FY 2014 EEOC is a decrease from FY 2013 and is the lowest number of charges filed since...
Read More The National Football League’s (“NFL” or “League”) investigation into the New England Patriots’ use of deflated game balls in the AFC Championship Game is now focused on a locker room attendant. The attendant allegedly took the game balls from the officiating crew’s locker room to a bathroom on the way...
Read More Domestic violence in the world of sports reared its ugly head when a video of former Baltimore Ravens running back Ray Rice was released to the public. The video showed Rice knocking his then fiancée and current wife Janay Palmer unconscious with a single punch in an Atlantic City hotel...
Read More Two former longtime managers have sued the San Francisco 49ers in a California federal court alleging that they were terminated because of their age in violation of federal and California age discrimination laws.The two plaintiffs, Anthony Lozano and Keith Yanagi, are both over 50-years-old and had 47 years of collective...
Read More Three NFL head coaches were terminated on “Black Monday” – the day following the end of the regular season. The coaches were Mike Smith (Atlanta Falcons) Rex Ryan (New York Jets), and Marc Trestman (Chicago Bears).As an Atlanta resident and Falcons fan, I paid close attention to much of the...
Read More Nike has filed a lawsuit in Oregon against three former shoe designers whom Nike alleges conspired to develop for themselves and for Adidas, a strategic blueprint for a creative design studio to compete against Nike.According to the complaint the three former Nike employees, Denis Dekovic, Marc Dolce and Mark Niner,...
Read More Numbers mean a lot in the world of sports. They are placed on jerseys to identify players, used to measure performance, define careers, and determine a player’s entry into a hall of fame. Some numbers hold special significance, because they are associated with great personal achievements, such as 56 (Joe DiMaggio’s 56-game...
Read More ESPN reported on October 30 that several college basketball referees were disciplined for accessing unauthorized information on a website. According to sources of ESPN, login information to the officiating site –BlueZebraSports.com –was compromised and passed on to several referees. The referees gained the ability to access compensation of other officials as...
Read More Corporate America often complains that it is too easy for employees to file frivolous lawsuits, especially lawsuits based on alleged discrimination. Certainly, there are employees who file meritless lawsuits. It is also true that given the promulgation of the ADA, ADEA, EPA, ERISA, FMLA, OSHA, Title VII, and a number...
Read More The College of Charleston recently agreed to pay its former head basketball coach, Doug Wojcik, $400,000 to avoid litigation against the college over his termination. Wojcik was terminated amidst numerous allegations that he verbally abused players, assistant coaches and college employees. The decision was supported by a 50-page report that...
Read More It has been a very tough week for NFL commissioner, Roger Goodell, whose handling of the Ray Rice domestic violence matter has sparked a media firestorm. The latest focus has been on the conflicting reports of whether Goodell knew Rice punched his then fiancée and whether Goodell saw the video...
Read More Forty years ago my brother “caught” a foul ball hit by George Foster of the Cincinnati Reds. I remember it like yesterday. We were sitting in the blue seats located in the lowest section at Riverfront Stadium. George hit a towering fly ball behind home plate and it was coming...
Read More Domestic violence in the world of sports has reared its ugly head again this week. Greg Oden, a former NBA No.1 draft pick, was released from a Marion, Indiana jail on Thursday, August 7, following his arrest on battery charges for allegedly hitting his ex-girlfriend in the face. The alleged...
Read More The 2014 Baseball Hall of Fame (HOF) induction ceremony was held in Cooperstown, NY on July 27, 2014. The inductees enshrined into the Hall of Fame (“HOF”) included pitchers Greg Maddux and Tommy Glavine, slugger Frank Thomas and managers Bobby Cox, Tony La Russa and Joe Torre.As is the HOF...
Read More The Oakland Raiders cheerleading squad, the Raiderettes, recently obtained a new contract from the Raiders which will bump their pay to a whopping $9 an hour. The pay increase is likely the result of a class-action lawsuit that was filed by a Raiderette against the Raiders alleging that they were...
Read More The National Labor Relations Board in Chicago has ruled that football players at Northwestern University who receive scholarships are employees within the meaning of the National Labor Relations Act and, therefore, have the right to union representation. More specifically, the Regional Director, Peter Ohr, held that the football players were...
Read More The EEOC recently released its charge statistics for FY 2013 (October 1-September 30). The number of employment discrimination charges filed in FY 2013 totaled 93,727. The EEOC also reported that it had obtained $372.1 million in monetary recovery through its administrative process. The EEOC issued a new table this year...
Read More The NFL Combine just finished this week. The media attention surrounding the Combine has been overwhelming. Airtime that was previously devoted to the Sochi Olympic Games was quickly filled with coverage of 40-yard dash times and the results of vertical leap, broad jump, three-cone, and shuttle drills. For the next...
Read More Wednesday February 5, 2014, is the official National Signing Day for college football. This is the day that high school football prospects sign letters of intent officially declaring where they will be attending college. Essentially, it is the high school equivalent of the NFL draft.During this past week I read some...
Read More A group of Northwestern University football players, led by quarterback Kain Colter, are seeking to be represented by a labor union. The players took the first step to begin the process by filing a petition with the National Labor Relations Board (“NLRB”). This is a historic event, as this is...
Read More In a desperate attempt to salvage his tarnished image, Alex Rodriguez has appealed an arbitrator’s decision that imposed a 162-game suspension from Major League Baseball. The arbitrator, Fredric Horowitz, actually reduced the suspension from 211 games to 162 games. Rather than accept the arbitrator’s award, A-Rod chose to sue the...
Read More As the New Year approaches, sports networks, magazines and other media have aired, printed and posted their perspectives on the major sports events of 2013. I have already watched a good number of these reviews and they tend to follow a similar pattern, highlighting amazing plays, last-second on-field heroics, scandals,...
Read More The NFL has found itself embroiled in a public relations nightmare with reports of player harassment emanating from the Miami Dolphins locker room. Miami Dolphins lineman Jonathan Martin recently departed from the team voluntarily, unable to cope with an alleged a pattern of harassing behavior directed at him by a...
Read More Lesson 3: Reign in Your Talent. Texas A&M and Heisman Trophy winning quarterback Johnny Manziel parlayed his new found Heisman fame into a whirlwind summer, which included an appearance courtside at a Houston Rockets game, taking batting practice with the San Diego Padres and partying with rap star Rick Ross....
Read More Lesson 1: Injuries to Team Leaders Highlight Importance of Succession PlanningConference play in this 2013 NCAA football season is barely under way, but unexpected injuries to key players have already impacted several teams’ quests for a national championship. The Georgia Bulldogs, for example, have suffered a rash of serious injuries...
Read More Lesson 2: Scrutiny over NCAA Rules Shows Importance of Establishing Sound PoliciesThe NCAA gets picked on a lot about its rules. In fairness to the NCAA, some of the rules that get ridiculed deal with complex problems and are defensible. For example, the NCAA’s ban on paying players has been...
Read More The recent Supreme Court decision in UTSW v. Nassar held that in order to prove a prima facie cause of retaliation under Title VII, a plaintiff is required to prove “but-for” causation, i.e., a plaintiff must show that the retaliation occurred “because of” his or her protected activity. As a...
Read More There was certainly a lot of drama during the 2013 NBA playoffs and finals, such as the hoopla over LeBron James’s legacy and the future of the Big Three in Miami. Chicago Bulls star Derrick Rose’s absence from the playoffs, however, created its own dramatic storyline and controversy.Rose tore the...
Read More Major League Baseball Commissioner Bud Selig recently stated that he intends to retire when his current contract expires on January 15, 2015. Selig has served as Commissioner since 1992. Selig has hinted that he would retire on several prior occasions, but he never followed through. This time, however, people are...
Read More The beginning of 2013 has already introduced several issues for employers to be mindful of. Employers should take note of the timely and important employment issues provided below. In general, employment laws continue to evolve, always underscoring the importance of evaluating employment policies and practices on a regular basis.1. Recent ruling...
Read More The EEOC recently released its charge statistics for FY 2012. The number of employment discrimination charges filed in FY 2012 totaled 99,412 charges. This was a slight decrease from FY 2011. In the spirit of the NCCA basketball championship, you can test your knowledge of the EEOC charge filing statistics by completing...
Read More Florida A&M baseball coach, Willie Brown, is being terminated following allegations that he hazed and harassed a player because of the player’s sexual orientation. Various news reports state that action is underway to dismiss Brown based on these allegations. Whether Brown is actually innocent or not, his termination for alleged...
Read More Seven NFL head coaches were terminated on Black Monday, duly named because it is the Monday following the end of the regular season when coaches typically get the axe. The coaches sent packing and looking for their next job are: Andy Reid of Philadelphia, Lovie Smith of Chicago, Norv Turner...
Read More Former New York Jets special teams coordinator, Mike Westhoff went public about his displeasure with the way Tim Tebow was used. In his words, the situation “was a mess.” Tebow went to the Jets with the apparent understanding that he would have a legitimate shot to play quarterback as well...
Read More St. John University’s basketball coach, Steve Lavin, is now cancer free and ready to return to his post. Lavin missed almost all of last season while recuperating from prostate cancer. Last October, he underwent surgery and returned to coach only four games in November before he had a set back...
Read More I recently lost a men’s doubles tennis match in the city finals of a recreational tennis league in Atlanta. It was a disappointing loss, especially because my entire team would have won the City Finals had we won our match. What was most disappointing, however, is how the match ended.I...
Read More In May, suspended New Orleans Saints linebacker Jonathan Vilma filed a defamation lawsuit against Roger Goodell, NFL commissioner, in a federal district court in Louisiana. Vilma seeks to recover damages for alleged defamatory statements made by Goodell in a series of press releases and reports that were issued in March...
Read More Notre Dame Quarterback Tommy Rees was arrested early in the morning of Thursday, May 3. According to South Bend police, Rees was at an off-campus party and jumped a backyard fence and ran after officers arrived at the party. When a police office caught up to Rees and confronted him,...
Read More As Bubba Watson proudly slipped into the Green Jacket, Tiger Woods posted a final score of 5 over par, his worst week as a pro at the Masters. Tiger’s struggles to win another major and regain his mass popularity, serve as an important reminder of the value of one’s reputation. ...
Read More The EEOC recently released its charge statistics for FY 2011. The number of employment discrimination charges filed in FY 2011 reached an all-time high of 99,947 charges. The EEOC also reported that it obtained $455.6 million in relief in FY 2011. Now that the Final Four has been determined and...
Read More March Madness has arrived. The NCCA Basketball championship tournament is one of the most anticipated sporting events of the year. Selection Sunday, the day when the teams are picked and the filled is set, has itself become a big event. The selection process and the seeding of teams is key...
Read More We all know that unions play a major role in professional sports. From the NBA’s shortened season to appeals over player fines and suspensions, it seems that wherever there is a ball there is a union. Many non-unionized employers outside of sports are unaware, however, that their employees also have...
Read More When Ryan Braun’s 50-game suspension due to a positive drug test was overturned, it marked the first time a baseball player had successfully challenged such a grievance. Braun won his appeal by showing that there was a technical breach of the chain of custody of his urine sample. Apparently, Braun...
Read More The NFL’s investigation into the New Orleans Saints bounty program has created a lot of debate and controversy. The league’s investigation revealed that the Saints had a system over the past three years that awarded players cash for vicious hits that led to injuries and players being carted off the...
Read More In 2008, New York Giant Wide Receiver Plaxico Burress accidently shot himself in the thigh at a New York City nightclub. Burress was then indicted for criminal possession of a handgun and he eventually accepted a plea deal. Ben Roethlisberger was suspended for the first four games in 2010 due...
Read More In March 2011, BYU dismissed its star forward Brandon Davis from the basketball team for violation of team rules. In particular, Davies was dismissed from the team for admitting he engaged in premarital sex. BYU, which is owned and operated by The Church of Jesus Christ of Latter-day Saints, requires...
Read More In 1974, in the first inning of the opening day game against the Cincinnati Reds, Pittsburgh Pirate pitcher Dock Ellis hit 3 Red’s batters (Pete Rose, Joe Morgan, and Danny Driessen) in a row. Ellis walked the next batter (Tony Perez) after he unsuccessfully tried to hit him as well. ...
Read More The ever-increasing connection between an individual's use of social networking media and their job generally presents two major risks for employers: (1) the potential for violating the law by firing or taking adverse action against employees based on their use of social media; and (2) legal liability arising out of...
Read More The following article was featured in the Summer 2010 Edition of The Atlanta Bar Association’s Labor & Employment Law Section Newsletter.LinkedIn® and Restrictive Covenants: Issues and Potential Pitfalls to Consider in the Age of Social MediaAlbert Einstein once stated that “Technological progress is like an axe in the hands of...
Read More Albert Einstein once stated, "Technological progress is like an axe in the hands of a pathological criminal." Given the chance, Einstein may have enjoyed the opportunity to post a blog on relativity or to befriend Sigmund Freud on Facebook. But as stories of suicidal "cyber-bullying" and Tiger Woods' "sexting" headline...
Read More Implement and/or Review Employment Policies. Every business, no matter what the size, should have its personnel policies clearly set forth in writing, ideally in either an Employee Handbook or Personnel Manual. There are several reasons why it is critical for a company to have an Employee Handbook or Personnel Manual....
Read More Given the current economic challenges, many companies have increased their use of independent contractors as a means to save money and be more competitive. There are, in fact, financial incentives for companies to classify workers as independent contractors. By classifying workers as independent contractors, companies are not required to withhold...
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Kenneth's Presentations
“What’s Next? Top Considerations to Grow your Business after the Digital Pivot” (Moderator and a Featured Speaker during a BFV “Office Hours” Webinar, April 30, 2021)
“Key Terms You Must Understand in Negotiating Executive Employment Agreements” (A featured Speaker to members of the Kettering Executive Development Special Interest Group, April 13, 2021)
“Employment Law Roundtable: Discussion of Both Recurring and Emerging Employment Issues” (A Featured Speaker on a State Bar of Georgia panel, January 26, 2021)
“BFV Virtual Roundtable” on employment, real estate, noncompete/unfair competition and mergers and acquisitions topics (A Featured Speaker, December 4, 2020)
“Emerging Exposures in Employment Litigation from Covid-19” (Presenter at the Atlanta Bar Association Zoom meeting, October 9, 2020)
“COVID-19/Protecting your Business Now & in the Future” (Co-Presenter for BFV “Office Hours” webinar, July 10, 2020)
“Relaunching your Business & Return-to-Work Employment Issues” (Presenter for BFV “Office Hours” webinar, May 22, 2020)
Georgia Hospitality Leaders Luncheon & Lodging Industry Showcase (Speaker to Georgia Hospitality Lodging Association members, November 14, 2019)
“Protecting your Business in the Wake of #MeToo” (Co-presenter to Georgia Hospitality Lodging Association members, September 21, 2018)
“Worried About Leaving Employees Becoming Thieving Employees?” (Co-presenter at the SHRM Atlanta Legal Summit. Ken discussed what HR professionals can do now to protect their company, confidential information and competitive edge, May 3, 2018)
Update on Georgia Employment Law (Co-presenter at the Atlanta Bar Associations Advanced Employment Law CLE program, March 29, 2018)
VIDEO: Creating a Positive Work Environment in the Wake of #MeToo (February 2018)
Workplace Sexual Harassment: How Much Do You Know? (Guest speaker to members of Worldwide Employee Benefits Network (WEB), Atlanta Chapter, February 15, 2018)
Guide to Human Resource Laws in the Workplace (Shared imperative information that every employee handbook should contain and discussed disciplining and firing employees. National Business Institute seminar, December 5-6, 2017)
Contracts – Matter Anymore? (Presentation on how contracts can make workplace expectations certain if the contracts are legal and enforceable, Community Bankers Association of Georgia Annual Southeast Financial Human Resource Conference, “Creating Some Certainty in the Midst of Workplace Uncertainty.” He also discussed if/when contracts should be used or avoided and the proposed New Gig Act of 2017, November 3, 2017)
VIDEO: “My Operating Agreement Says What?!?” (Co-presented a seminar that provided key insights into operating agreements and employment issues. Click here to learn more about the presentation, July 2017)
Know your Options: New Overtime and Hourly Pay Laws Take Effect 12/1/16 (Keynote speaker to business community and clients of Whaley Hammonds Tomasello CPA firm. Seminar held at the Henry County Chamber of Commerce, October 18, 2016)
Legal and Legislative Update, including trends in disability, leave and discrimination laws and proposed legislation and regulations.
(The Disability Management Employer Coalition GA/Atlanta Chapter meeting, November 2015)
A Sports Fan’s Guide to Human Resources
(The Buckhead Club, February 2014)
Simple Practices to Protect your Company and its Trade Secrets and Confidential Information
(2013 National Restaurant Association Human Resources/Risk & Safety Managers Executive Study Group)
Social Media and Human Resources – A Dangerous Pair of and Essential Duo for a Club
(2012 CMAA World Conference and Club Business Expo)
A Sport Fan’s Guide to Human Resources
(22nd Annual SHRM-Atlanta HR Conference)
Preventing Discrimination & Harassment in the Hospitality Industry
(GSU Cecil B. Day School of Hospitality, 2005-Present)
The New Era & Legal Challenges Facing the Hospitality Industry
(Georgia Hotel & Lodging Association Forum, 2009)
