Employer Responsible for 6-Year-Old’s Use of Racial Slurs in Discrimination Case

Did you know that Title VII employment discrimination cases can happen even if the perpetrator is merely the 6-year-old grandson of the owner?

That's the lesson from Chapman v. Oakland Living Center, which is a case against an assisted living facility where the owner’s 6-year-old grandson repeatedly used the n-word against a black employee.

The problem for the employer was - why didn't anyone stop him? The boy’s grandfather either knew or should have known about the conduct and failed to sufficiently respond. Yes, there was a spanking and an unsuccessful attempted to elicit an apology, but that wasn't enough.

The lesson here is don't let hostile, bigoted and offensive remarks occur at the workplace, no matter who is saying them. It's never okay, and failure to stop such remarks will result in a discrimination case. Be warned.

Joint Employer Regulation - Collective Bargaining & Unfair Labor Practices - Retained Right of Control is Enough

The National Labor Relations Board (NLRB) published a notice of proposed rulemaking and request for comments to rescind and replace “Joint Employer Status Under the National Labor Relations Act,” which took effect on April 27, 2020.

Importantly, the proposed regulation seeks to broaden whether an employee has two or more employers each of which must comply with the law and not engage in unfair labor practices without being exposed to tremendous liability. If you have been a victim where your employer has shut down your ability to organize and fight for wages, benefits, or hours worked, you are going to want to take a look at this proposal. It's also important for conglomerates and franchisors to study and comment.  

The proposed regulation focuses "on whether a [] joint employer possesses the authority to control or exercises the power to control particular employees' essential terms and conditions of employment." It "focuses on forms of reserved and indirect control that bear on employees' essential terms and conditions of employment." These "'essential terms and conditions of employment' will 'generally include, but are not limited to: wages, benefits, and other compensation; hours of work and scheduling; hiring and discharge; discipline; workplace health and safety; supervision; assignment; and work rules and directions governing the manner, means, or methods of work performance.'”

The big change is going back to before 2020 when the NLRB looked at reserved and indirect control in establishing joint employers and liability. 

The commenting period is through November 7, 2022 and can be made through http://www.regulations.gov.

Jimmy Fallon, Tracy Morgan & Lorne Michaels accused of “Enabling” Gender-Motivated Violence Under NYC’s Amended Gender Motivated Violence Act

Last year, a Pennsylvania woman sued former Saturday Night Live cast-member, Horatio Sanz, for allegedly sexually abusing her when she was a minor. Now, she's seeking to add Jimmy Fallon, Tracy Morgan & SNL creator, Lorne Michaels, to her cast of defendants. 

  

This development comes after New York City’s Gender-Motivated Violence Act (GMVA) recently enacted a two-year lookback window which gives accusers two years to revive their previously time-barred claims of gender-motivated violence (defined as a crime of violence motivated by gender). 

  

In addition to extending the statute of limitations, the amendment also expands the scope of the GMVA to include any “party” who “directs, enables, participates in, or conspires in the commission of a crime of violence motivated by gender." This explains why Fallon, Tracy, & Michaels may be in hot water.

  

If you’ve been the victim of gender-motivated violence in New York City, you now have until March 1, 2025 to file a civil lawsuit for compensatory damages, injunctive relief, attorneys’ fees, & more.  

  

New Yorkers who live outside the City may bring a lawsuit under a similar statewide law which takes effect November 24, 2022, & gives a one year revival window. If you suffered abuse as a minor, the deadline is February 3, 2023 under one law, & another gives certain victim's until their 55th birthday to commence a case. 

Sexual abuse is no laughing matter. These revival statutes give New York victims of sexual abuse a golden opportunity to hold both abusers & enablers accountable.

 

DC Law Now Requires Mandatory Sexual Harassment Training for Tipped Wage Workers

Washington DC now has mandatory sexual harassment trainings from a 2018 law, the Tipped Wage Workers Fairness Amendment Act.

Under the law, covered employers’ primary obligations include providing mandatory sexual harassment training to both business operators & tipped employees.

Other obligations require covered employers to report to the DC Office of Human Rights (OHR) both their sexual harassment policy & all harassment complaints made to management from 2020 on. All requirements are set forth in OHR’s fact sheet on employee rights, which must be posted at places of employment. 

OHR has created a portal for employers to report their compliance with the mandates of the Act & employers will be watched - so tread carefully. 

If you were harassed or discriminated against, this law & its trainings are not the end of the story. You have a claim under Title VII & other federal & state laws. Know your rights & act because statutes of limitations, including a filing requirement with EEOC might otherwise curtail your rights. This is serious & damages can be outrageous.  

 

Top 10 Tips to Sell Your House FAST in Post-Pandemic Real Estate Market

Looking for a quick exit out of your house? Here are the top 10 tips to sell your house fast for cash. 

1. Hire a real estate broker who will provide virtual tour technology
2. Price 10% below comps in your market 
3. List "as is; no contingencies"
4. Hire an attorney to draft a real estate contract that includes the "as is; no contingencies" terms before you even get a buyer
5. Use a "time of the essence" closing date in your contract
6. Take a significant deposit (i.e., at least 10%) on contract signing
7. Set liquidated damages in the amount of the deposit plus reasonable attorneys' fees and costs in enforcing the contract (i.e., liquidated damages are set damages in case of breach of contract) 
8. Start emptying the house the moment that the contract is signed by the buyer
9. Be available for any access needs of the buyer
10. Be nice and courteous to your representatives and the buyer's representatives so that they prioritize your deal

-or- sell to an ibuyer platform and avoid all 10 steps.

More tips in our book, "10 Strategies to Purchase Property Post-Pandemic: The Ultimate Guide to Real Estate Investing".