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ON-DEMAND INSIGHTS

9 Provisions to Look for in Corporate Recruitment Contracts

9 Provisions to Look for in Corporate Recruitment Contracts

March 30, 2021 at 2:26 PM - commercial contracts,

Most companies engage professional recruiters or “headhunters” out of sheer necessity, particularly in highly competitive markets where talented candidates are scarce. Recruiters are able to approach prospects freely, and often, their networks are more robust than those of an internal hiring manager. Notwithstanding such advantages, working with a headhunter can be expensive. To protect this investment, companies should carefully review and negotiate the provisions of their recruitment agreement, which, in most cases, should include the following nine “must-have” clauses:

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New York Mandates Paid Time Off for COVID Vaccinations

New York Mandates Paid Time Off for COVID Vaccinations

March 18, 2021 at 12:16 PM - COVID-19,

On March 12, 2021, New York Governor Andrew Cuomo signed into law a bill (A3354B) mandating that employers provide their employees with paid time off to be vaccinated for COVID-19. Specifically, employees shall receive “a sufficient period of time, not to exceed four hours” per vaccine dose, and be paid at their regular rate of pay for the entire leave period. For employees receiving the 2-dose Pfizer or Moderna vaccine, they will be eligible for up to eight hours of paid leave.

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6 Key Issues in Mutual Non-Disclosure Agreements

6 Key Issues in Mutual Non-Disclosure Agreements

March 16, 2021 at 3:19 PM - commercial contracts,

Commercial transactions often involve the disclosure of proprietary and confidential information by one or both parties to an agreement. To preserve the value of such information, the disclosing party typically expects the receiving party to sign a non-disclosure (NDA) or confidentiality agreement. Although NDAs can vary considerably, when both parties to an agreement wish to protect proprietary information, a mutual NDA will be negotiated.

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California Employers: Meal Period Rounding Is Not Permitted

California Employers: Meal Period Rounding Is Not Permitted

March 3, 2021 at 5:02 PM - employee policies,

Time rounding is common practice used by employers of hourly employees to simplify their payroll calculations. Although this practice is legal, federal and state guidelines do exist on how to fairly round “hours worked” by employees. Recently, the California Supreme Court offered additional parameters on the use of time rounding, holding that such practices are not permissible in the context of providing non-exempt (hourly) employees their 30-minute unpaid meal periods.

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9 Issues to Look for in the Payment Provisions of a Contract

9 Issues to Look for in the Payment Provisions of a Contract

March 1, 2021 at 3:02 PM - commercial contracts,

Virtually all contracts have payment-related provisions which can span a wide variety of ancillary issues, including invoicing, disputes over invoiced amounts, timing of payments, and remedies for late payments. When reviewing these provisions, your position will, naturally, depend on your role in the agreement: are you the vendor collecting payment or the customer making payment? In some situations, such as in co-marketing deals, payments will be flowing in both directions.

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The Privacy Shield is Dead: Here Come the New SCCs

The Privacy Shield is Dead: Here Come the New SCCs

February 19, 2021 at 4:16 PM - EU Laws,

As we reported last year, the invalidation of the EU-U.S. Privacy Shield on July 16, 2020 is forcing the hand of U.S. companies which access the personal data of EU residents to find a new, lawful mechanism by which to do so in accordance with EU data protection laws. One such alternative – the use of the EU’s standard contractual clauses (SCCs) (a/k/a “Model Clauses”) – was recently bolstered by much-needed proposed updates to the clauses themselves.

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Sexual Harassment in the Remote Workplace

Sexual Harassment in the Remote Workplace

February 17, 2021 at 1:47 PM - harassment prevention training,

In this new era of remote working, employers may think that the risk of sexual harassment is no longer a major concern, and therefore, prevention training should not be a high priority. Unfortunately, this reasoning relies on misconceptions about harassment and can lead to serious problems for an employer, including challenging employee relations issues, disruption of business operations, embarrassing news coverage that can damage an organization’s brand and bottom line, and costly litigation and liability under federal and state anti-harassment laws.

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OSHA Releases COVID-19 Guidance for the Workplace

OSHA Releases COVID-19 Guidance for the Workplace

February 10, 2021 at 2:01 PM - employee policies,

The Occupational Safety and Health Administration (OSHA) recently issued guidance to employers in the form of best practice recommendations for protecting employees from COVID-19. Intended only for workplaces outside the healthcare industry, OSHA’s “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace” focuses on the creation of a COVID-19 prevention program which prioritizes employee involvement, communication and training.

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This publication should not be construed as legal advice or a legal opinion on any specific facts or circumstances nor an offer to represent you. It is not intended to create, and receipt does not constitute, an attorney-client relationship. The contents are intended for general informational purposes only, and you are urged to consult your attorney concerning any particular situation and any specific legal questions you may have. Pursuant to applicable rules of professional conduct, portions of this publication may constitute Attorney Advertising.

Outside GC is an innovative approach to legal services for growing and mature businesses. Companies who engage Outside GC fall into two main categories: (1) those without in-house counsel who need regular, on-going legal support but do not wish to hire a full-time in-house lawyer, and (2) those with in-house counsel who do not wish to add more full-time resources to their existing in-house staff. Contact us to speak to one of our on-demand attorneys.