#WorkplaceHarassment – What @Employers Need to Know in the Age of Social Media

(753 Ratings)

Produced on: May 08, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Intermediate

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. 


Learning Objectives: 
  1. Understand the fundamentals of workplace harassment laws
  2. Recognize best practices that employers can adopt to mitigate the risks of employees’ use of social media and other electronic communication methods inside and outside the workplace
  3. Develop and implement policies and practices to address internal complaints and avoid employee lawsuits
  4. Identify recent regulations and case law affecting employers in this area generally

Faculty

Jason B. Klimpl

Tannenbaum Helpern Syracuse & Hirschtritt LLP

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:

  • sexual harassment and workplace discrimination;
  • the Americans with Disabilities Act
  • healthcare reform (the Affordable Care Act)
  • social media policies
  • wage and hour laws
  • independent contractor misclassification
  • the Family and Medical Leave Act and other leave policies
  • COBRA
  • workforce reductions and the WARN Act
  • governmental enforcement initiatives
  • various developments in employment law
  • staffing industry concerns

Joseph Lockinger

Tannenbaum Helpern Syracuse & Hirschtritt LLP

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.


Reviews

CD
Carol D.

Informative and interesting presentation

LG
Leah G.

Great program!

KD
Katherine D.

Very timely topic.

MD
Micheal D.

Great conversational style. Good chemistry between presenters made information free flowing and credible.

MS
Michael S.

Solid course!

HF
Herbert F.

Excellent Program

GM
Gerard M.

good presentation a very big help in understanding the law

NG
Nicole G.

Well done.

RD
Rebekah D.

Thank you

AP
Andrew P.

Very good course I learned many things and this subject is very popular

DV
Douglas V.

Speakers were knowledgeable and delivered the material well.

PP
Paul P.

Thank you.

WD
William D.

Good basics/ content

TS
Theodor S.

they did a nice job of explaining the issues

DG
Debra G.

Good practical advice included

LK
Lisa K.

Very Informative and loved the examples.

BS
Brenda S.

This course was very informative

MA
Mattie A.

Excellent

MB
Melissa B.

The presenters were excellent

KD
Kimberly D.

Great presentation!

TP
Thomas P.

Excellent overview

JC
james c.

Good review.

AM
Abigail M.

I enjoyed having the dual presenters. The information was clearly presented and extremely informative.

MZ
Marc Z.

Liked the format; very organized; good interaction between both speakers; kept my interest and very informative!

NP
Nancy P.

very current and informative

TH
Tina H.

very good and relevant

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