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:
As an associate in Tannenbaum Helpern’s Employment Law practice, Joseph Lockinger works primarily on management-side employment litigation and counseling. When counseling clients on employment-related issues, Joseph works to provide the information and knowledge clients will need to navigate through the decision-making process, while mitigating their risk and ensuring that the client’s bottom line is always respected and considered. Joseph also regularly defends clients facing allegations and charges of unlawful conduct (such as discrimination, hostile work environment, harassment, retaliation, wrongful termination, or wage and hour violations) and he uses his extensive employment litigation experience to develop effective defense strategies for the claims asserted against his clients. He has litigated cases in the United States District Courts for the Southern and Eastern Districts of New York, the Supreme Court of the State of New York, the New York State Division of Human Rights, the New York City Commission on Human Right, and the National Labor Relations Board. Joseph also defends and provides counseling for clients facing claims brought pursuant to the Americans with Disabilities Act (ADA), Title III (along with comparable state or local statutes). These cases typically involve allegations that barriers in public accommodations (businesses that are open to the public) impede full access for persons with disabilities.
Joseph’s clients include large businesses, non-profits, small to mid-size businesses and start-ups. He has experience working with clients in a variety of industries, such as: hospitality, financial services, professional services, staffing, and technology.
very comprehensive and well presented
Very well done. Great examples of actual situations provided.
Well researched and presented
That Joseph Lockinger really knows his stuff.
One of the best and most informative and useful one-hour CLE presentations that I have attended.
Very well done.
Very good presentation.
One of the better presentations I’ve heard in recent time
The presentation style was very effective, with one of the presenters occasionally asking questions and the other presenter answering. Helped keep me focused. The examples from their law practice were excellent also.
A well- coordinated and professionally conducted presentation by the two instructors. They emphasized that harassment requires the victim to be a member of a protected class. Vicarious liability can result where an employer "failed to use reasonable care to prevent and to correct harassment."
It was a great update of the basics, the dis and don'ts and current case law. Thank you!
Very comprehensive considering the limited time.
Thorough treatment sensitive subject
Nicely done. Very concise and good information.
Very informative and easy to follow.
Excellent- one of the best. Having two presenters exchange made for a great educational tool. Both presenters were excellent, first presenter especially so.
Both speakers were very effective; they were easy to follow and clearly understandable.
The social media aspect was very interesting.
This is an important topic. Thanks for covering a lot of ground in a small amount of time.
Hands down, this is the most interesting Lawline video done; lots of good information, not boring in the least, relevant, and I honestly enjoyed learning the material, and gained a lot of useful information. Great presentation!
Important topic. Well presented and informative.
Found it a great introduction to the area for someone not knowledgable of the area.
Outstanding overview. I would recommend it to others.
Good Seminar .... Good speakers
Excellent, knowledgeable presenters on the subject. One of the best presentations I've seen on the subject of workplace harassment -- good coverage of the subject in just one hour.
Sensitive and practical presentation of a sensitive topic.
good notes to go with the video.
They worked well with each other and were very knowledgeable about the subject matter.
I learned alot
It was fine.
This was a well-organized review of Title VII.
Lawline is very informative and efficient.
Informative and interesting presentation
Very timely topic.
Great conversational style. Good chemistry between presenters made information free flowing and credible.
good presentation a very big help in understanding the law
Very good course I learned many things and this subject is very popular
Speakers were knowledgeable and delivered the material well.
Good basics/ content
they did a nice job of explaining the issues
Good practical advice included
Very Informative and loved the examples.
This course was very informative
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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