Beginning January 1, 2018, New York’s Paid Family Leave Program will provide employees in New York State with a range of new benefits. Here’s what you need to know: Under the Program, employees will receive paid leave and continuation of health insurance coverage (subject to the employee contribution) for 8 weeks beginning in 2018, increasing to 12 weeks by 2021. In 2018,…
Bias remains a persistent issue in law firms despite efforts to promote equality and diversity in the workplace. Women continue to face challenges in securing leadership positions, earning promotions, and receiving equitable compensation. This article explores the barriers women encounter in law firms and offers practical suggestions for reducing bias and increasing transparency in performance evaluations. It also emphasizes the…
We all have a general idea of what a kickback, or a bribe, looks like. We may imagine a bag of cash discretely changing hands. Or a corrupt politician freezing money in boxes of frozen pie crusts. But kickbacks may not always appear so seedy. Many healthcare and pharmaceutical companies have been found liable for paying or receiving kickbacks in order…
The Fourth Circuit’s decision in United States ex rel. Bunk v. Government Logistics N.V., 642 F.3d 261 (4th Cir. 2016) addressed whether a successor in interest remains liable for its predecessor’s False Claims Act liability. In other words, if a company is liable for penalties under the FCA, can it avoid liability by transferring assets to a successor corporation? Bunk held that it…
In the landmark gender discrimination case, Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), the Supreme Court recognized that discrimination based on an employee’s failure to conform to gender role stereotypes is prohibited under Title VII. As the Supreme Court reasoned, “an employer who acts on the basis of a belief that a woman cannot be aggressive, or that she must…
The short answer is quite possibly. In many cases, law partners may be regarded as “employees” under Title VII, the Equal Pay Act (EPA), the Family and Medical Leave Act (FMLA), and other laws – and therefore eligible to sue their firms for employment discrimination, retaliation, and similar unlawful treatment. The issue of whether a law partner is an “employee”…
Because bribery cannot be conducted transparently without leaving a trail of breadcrumbs directly back to the wrongdoing, any scheme by a registered company to bribe foreign officials will almost certainly run afoul of the Foreign Corrupt Practices Act’s (“FCPA”) record-keeping provisions. However, the FCPA’s record-keeping provisions reach well beyond bribery. The FCPA delineates far-reaching rules on proper accounting and record-keeping…
President Trump made the “repeal and replacement” of the Affordable Care Act a centerpiece of his Presidential Campaign and Presidency. Thus, as Congress has attempted to “repeal and replace” “Obamacare,” the costs associated with health care have become a major focus of national attention. Such costs, and which party will bear them, are crucial issues currently being considered by Congress…
Ever feel like you’ve received extra scrutiny because of your race? Research suggests that these fears may be well-founded. A recent study indicates that supervisors are far more likely to overlook or forgive the mistakes of white employees – while African-American employees are far more likely to have their mistakes caught, criticized, and used to question their overall competence. The…
In May of this year, the U.S. Equal Employment Opportunity Commission reached a $100,000 settlement agreement in a gender discrimination case against a Florida insurance broker. Why? The company revoked a woman’s job offer “20 minutes after she asked her would-be supervisor about its maternity policy.” Citing an “urgent” need to have someone in the position “long term,” the company…