Breastfeeding protections have gone mainstream. Through the magic of a budget spending bill, nursing employees in workplaces throughout the country now have legal protections that will afford them break time and access to spaces outside of toilet stalls in which
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Pay Transparency Laws Can Help Workers, But Not in the Way Advertised
By Tracey Levy
Led by the rationale proffered by legislatures in support of pay transparency laws, I have been thinking about them from the wrong perspective. Promoted as a means of closing the gender wage gap, I have been vocal in my criticisms…
Legally-Prescribed Policy Wording Ensnares Those Striving to Be Employers of Choice
By Tracey Levy
I write a lot of policies. They come with the advisory work that I do, and I also gravitate toward those types of projects. In doing that work, one of my frustrations has been the increasing degree to which legislatures…
Reconsider Job Requirements to Diversify Your Talent Pool
By Tracey Levy
Following established techniques and methodologies can achieve efficiencies, assure consistency and produce positive outcomes. But sometimes we need to challenge our historic approach, analyze the rationale behind certain standards and methodologies, determine whether those rationales are still viable, and make…
Workplace Investigations: What Is “Bullying”?
By Tracey Levy
There is a slippery slope between what may be considered sub-optimal or bad management practices, “bullying,” and “harassment.” When behaviors prompt an employee complaint, workplace investigators need to evaluate where a supervisor’s conduct falls on the spectrum. That analysis largely…
Contractor Agreements Subject to Federal/State Law Prohibitions on Confidentiality and Nondisparagement
By Tracey Levy
In yet another example of laws blurring the distinction between employees and independent contractors, organizations need to beware that the prohibitions on confidentiality and nondisparagement agreements embodied in the federal Speak Out Act and various state laws often are equally…
Hiring Nationally? Multi-State Employers Must Carefully Navigate Varying Legal Restrictions on Confidentiality and Nondisparagement Clauses
By Tracey Levy
Viewed as a stumbling block or more nefariously in relation to the reporting and investigation of #MeToo complaints, state legislatures across the country have been limiting or outright prohibiting employers from subjecting employees to confidentiality and nondisparagement clauses. The challenge…
New York Employers Face Complementary Federal/State Restrictions on Confidentiality and Nondisparagement Clauses
By Tracey Levy
New York employers that include confidentiality or nondisparagement clauses in any agreement they enter into with an employee – including offer letters, employment agreements, restrictive covenant/noncompete agreements, severance agreements or settlement agreements – must ensure those clauses comply with the…
Is Pay Transparency Just Legislators Throwing Arrows at a Dartboard, Missing the Root Problem
By Tracey Levy
What if all these new legislative initiatives at pay transparency are solving the wrong problem? Touted as a solution to pay inequity, a recent study lends much reason to question the viability of that approach. And from personal experience as…
Sometimes We All Need a Little Help – and a Cooperative Dialogue with our Employer to Get Us There
By Tracey Levy
I have been thinking a lot about managing physical and mental impairments recently. Not the permanent ones, but the ones that may come on suddenly and impede what we consider to be our “normal” functioning ability. The subject is on…