Workplace harassment claims present an area of concern for all employers. Businesses are well aware that a harassment claim can lead to both public embarrassment and significant costs and distraction. And while many companies have already implemented policies that attempt to detect and deter harassment within the physical workplace, many employers are unaware that liability for harassment claims can also stem from employees’ use (and misuse) of social media and other electronic communication tools – even when the actions at issue are taken outside of the workplace and during non-working hours.
In this course, Tannenbaum Helpern employment attorneys Jason B. Klimpl and Joseph D. Lockinger discuss best practices that employers can utilize to help minimize harassment risks in the age of social media. Specifically, Jason and Joseph highlight cases where courts have interpreted an employer’s legal obligations to protect against workplace harassment claims derived from the actions of its employees on social media or other electronic means. The presenters also provide a general update on the statutes that govern workplace harassment at the local, state, and federal levels, and discuss how employers should go about implementing policies and practices to conduct internal investigations and avoid costly employee lawsuits.
Jason B. Klimpl is a partner in the firm's Employment, Staffing Law, and Corporate practice groups and Associate General Counsel to the New York Staffing Association. Jason advises clients on a broad range of employment matters, such as:
Equal opportunity actions and policies, including allegations and charges of discrimination or retaliation before the U.S. Equal Employment Opportunity Commission, the New York State Division of Human Rights, the New York City Commission on Human Rights, and policies and respectful workplace training relating to disabilities, religious accommodations, sexual harassment, and all other forms of discrimination;
Employment agreements and restrictive covenants, including drafting and reviewing employment agreements and provisions relating to bonuses, draw and commission structures, non-solicitation, non-competition, and confidentiality;
Healthcare reform implementation, including affordability and minimum value requirements, employer coverage determinations, employee status reviews, filing and notice mandates, compliance penalties, and small business tax credits;
Independent contractor and consulting issues, including drafting and reviewing consulting agreements, performing independent contractor misclassification analyses, and responding to governmental audits;
Reductions in force, including the federal WARN Act and analogous state laws, protected group termination impact analyses, separation agreements and general releases, and COBRA;
Technology and privacy concerns, including drafting and reviewing online social media policies, technology and e-mail usage policies, federal and state workplace privacy laws, off-duty conduct laws, drug-testing, background and credit checks; and
Human resource and compliance counseling, including drafting and reviewing employee handbooks, job descriptions for overtime and ADA compliance, disability and family and medical leave compliance, vacation and PTO policies, military leave laws, meal and break requirements, jury duty and voting leave, and employment application issues.
In addition, Jason has prepared numerous articles and presentations on employment matters, such as:
Prior to coming to Tannenbaum Helpern, Joseph worked as an Assistant Corporation Counsel for the New York City Law Department. In this role, he defended the City of New York, its agencies, and its employees in Federal and State courts in labor and employment matters, including cases involving discrimination, retaliation, and hostile work environment claims, as well as cases brought pursuant to the Fair Labor Standards Act. During that time period, Joseph litigated over fifty cases from inception to resolution while serving as lead attorney. As an Assistant Corporation Counsel, Joseph handled all phases of litigation, including drafting dispositive and non-dispositive motions, as well as taking and defending depositions and managing discovery.
Joseph received his J.D. from the University of Virginia School of Law in 2013. Prior to attending law school, Joseph served in the United States Marine Corps.
The presenters were excellent
I enjoyed having the dual presenters. The information was clearly presented and extremely informative.
Liked the format; very organized; good interaction between both speakers; kept my interest and very informative!
very current and informative
very good and relevant
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