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Kevin McKernan Kevin McKernan

Sexual Harassment - What Does "In the Course of Employment" Mean?

Sexual harassment can occur beyond the traditional workplace. Learn what “in the course of employment” means, when employers may be liable for harassment outside working hours or at off-site events, and how courts evaluate the connection between the conduct and employment. Understanding these standards helps employers strengthen compliance and reduce workplace liability.

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Kevin McKernan Kevin McKernan

When Termination Becomes a Litigation Risk: Using Severance Strategically

When termination creates potential legal exposure, a well-structured severance agreement can help reduce litigation risk. Learn when severance makes strategic sense, how to separate final wages from severance benefits, determine appropriate terms, and manage employee separations in a way that protects your business and minimizes costly employment disputes.

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Kevin McKernan Kevin McKernan

Essential Legal Documents for Hiring Your Workforce

Hiring the right workforce starts with the right legal documents. Learn the essential forms for employees and independent contractors, including offer letters, employment agreements, Form I-9, Form W-4, background check authorizations, contractor agreements, and employee handbooks. Proper documentation helps employers stay compliant, reduce legal risk, and build a strong hiring process.

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Kevin McKernan Kevin McKernan

Employers' Considerations When Employees' Online Content Results in Real-World Discord in the Workplace

Employers must carefully navigate workplace conflicts stemming from employees’ online activity. Learn how free speech protections, the NLRA, social media privacy laws, anti-discrimination rules, and off-duty conduct protections may limit disciplinary actions. Consistent policies, employee training, and coordinated legal, HR, and compliance responses can help reduce risk and avoid costly missteps.

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Kevin McKernan Kevin McKernan

DOL's Paid Program

The U.S. Department of Labor has revived the PAID (Payroll Audit Independent Determination) program, allowing employers to voluntarily self-audit wage, overtime, and leave compliance issues. By identifying and correcting Fair Labor Standards Act and FMLA violations, employers may resolve problems proactively, pay back wages, and reduce the risk of costly litigation and enforcement actions.

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Kevin McKernan Kevin McKernan

Are Employers Liable in Tort for Employees' Sexual Assaults?

Employers may face growing tort liability for employee sexual assaults under the American Law Institute’s new Special Rule on Vicarious Liability. Learn when liability may arise, what “particularly vulnerable” means, which industries face increased exposure, and proactive steps employers can take to reduce risk through screening, oversight, and workplace safety measures.

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Kevin McKernan Kevin McKernan

Being Commission-Based Doesn't Make a Worker an Independent Contractor

Being paid on commission does not automatically make a worker an independent contractor. Courts look at the full relationship, including long-term treatment as an employee, supervision, and access to benefits like health insurance and 401(k). Misclassification risks remain high if the facts support employee status despite flexible work arrangements.

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Kevin McKernan Kevin McKernan

Employers: Beware of Employment Agreement Integration Clauses and Their Impact on Prior Employee Agreements 

Integration clauses in employment agreements can unintentionally override prior employee agreements. Employers should carefully review applications, handbook acknowledgments, and earlier written commitments when drafting new contracts to ensure critical provisions are preserved. Failing to incorporate prior terms may eliminate protections and create legal exposure in future employment disputes or litigation.

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Kevin McKernan Kevin McKernan

Severance Packages: Best Practices for Calculating and Communicating Them

Severance packages require careful planning to balance legal risk, employee relations, and business judgment. Learn best practices for determining when severance is appropriate, calculating defensible amounts, and communicating offers clearly. Thoughtful severance policies help employers manage risk, avoid unintended precedent, and navigate employee separations with professionalism and stability.

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Kevin McKernan Kevin McKernan

What to do about Employees with Disabilities

Learn what employers must do to support employees with disabilities under the Americans with Disabilities Act and the Rehabilitation Act of 1973. This guide covers inclusive workplace policies, reasonable accommodations, low-cost solutions, documentation best practices, insurance considerations, and available tax credits and deductions to stay compliant, reduce risk, and create a more accessible, equitable workplace.

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Kevin McKernan Kevin McKernan

Doing Nothing in Response to a Report of Sexual Harassment Could Cost you Millions

Ignoring a sexual harassment complaint can expose employers to massive liability. Learn how even a single incident may create a hostile work environment and why delayed or inadequate responses increase damages. This guide explains employer duties, response best practices, and corrective actions beyond discipline to reduce risk, protect employees, and avoid costly lawsuits.

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Kevin McKernan Kevin McKernan

2026 Wage Updates for New York Employers

New York employers must prepare for 2026 wage updates effective January 1. Learn how minimum wage increases and higher overtime exemption salary thresholds impact NYC, Long Island, Westchester, and the rest of the state. Review key figures, compliance obligations, and practical steps employers should take now to update pay policies and avoid costly wage-and-hour violations.

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