![Barclay Damon LLP](/img/default-banner.jpg)
- 156
- 32 566
Barclay Damon LLP
United States
Приєднався 8 тра 2018
Barclay Damon attorneys team across offices and practices to provide customized, targeted solutions grounded in industry knowledge and a deep understanding of our clients' businesses. With nearly 300 attorneys, Barclay Damon is a leading regional law firm that operates from a strategic platform of offices in Albany, Boston, Buffalo, New Haven, New York City, Rochester, Syracuse, Washington DC, and Toronto. Our firm serves clients across the country and, for some practices, provides US legal services around the globe.
"Overtime 201, Part Two"
In the latest episode of Barclay Damon Live's Labor & Employment Podcast, Lee Jacobs and Rosemary Enright continue their deep dive into all things overtime, extending into the complexities of joint employment and the common mistakes employers may make when calculating overtime pay. They highlight the issue of joint employment in the restaurant (and other) industries, where employees might work at multiple locations owned by the same entity. They also provide guidance on how to properly calculate overtime pay when taking the tip credit. As always, the hosts stress the need for accurate record keeping-and caution against relying solely on payroll companies for compliance. They conclude by inviting listeners to suggest future topics for discussion. Join in now!
Переглядів: 8
Відео
“Identity Theft: What to Do When You’re a Victim”
Переглядів 7614 днів тому
In a quick solo episode, host Kevin Szczepanski offers practical information that can help when you or someone you know suffers from the modern malady known as identity theft. It’s common and serious, affecting millions of people and costing billions of dollars every year. Most of us know that identity theft happens through various means, such as clicking on malicious links, downloading malware...
"Overtime 201, Part One"
Переглядів 4121 день тому
In this episode of Barclay Damon Live's Labor & Employment Podcast, Lee Jacobs and Rosemary Enright dive even deeper into the topic of overtime, moving into higher-level concepts to answer your questions about overtime pay. From clarifying that the “workweek” is not necessarily Monday to Friday and is open to interpretation to helpful real-life examples, they also explain (and demonstrate, with...
"Overtime 101, Part Two"
Переглядів 39Місяць тому
Lee Jacobs and Rosemary Enright continue their conversation about the intricacies of overtime rules. Iterating their reassurances that if employers are following previously discussed federal and New York state guidelines, they should not have to be concerned, they deep dive into topics such as exemptions, damages calculations, and pay frequency. Using cautionary tales (Lee’s “horror story” real...
“Managing AI Risk at Your Law Firm: Best Practices,” With Laura Zaroski
Переглядів 15Місяць тому
Kevin Szczepanski and guest Laura Zaroski, managing director of Gallagher's law firms practice, discuss law firms’ varied responses regarding the use of generative AI: some embrace it while others prohibit it. They also explore benefits and risks of using AI, including the importance of checking work, avoiding sanctions, and client disclosures. They then touch on the potential impact on insuran...
“Generative AI for Lawyers-Practical Tips,” With Jessica Copeland
Переглядів 25Місяць тому
Kevin Szczepanski welcomes Jessica Copeland of Bond, Schoeneck & King back for a lively discussion on why (and whether) attorneys and firms of all sizes should use artificial intelligence. As a refresher, they remind listeners of the definition of AI and some of its uses. As with many things lawyer related, the answers come down to “it depends.” Law firms need to look at their priorities, capab...
“Overtime 101, Part One”
Переглядів 602 місяці тому
Lee Jacobs and Rosemary Enright discuss overtime rules and exemptions, assuring listeners that if they’re following New York law, they are in compliance with the new federal overtime rules. They further address confusion surrounding the salary threshold and pay frequency, explaining the three main exemptions: executive, administrative, and professional. With their characteristic detail and real...
“Developing a Robust AI Governance Plan,” With Jessica Copeland
Переглядів 582 місяці тому
In this conversation, Kevin Szczepanski and Jessica Copeland of Bond, Schoeneck & King define generative AI as basically the use of large language models to create natural language responses. They note that AI has been used for decades-examples of it in everyday life include personalized recommendations on Amazon and Netflix. They then move on to the use of generative AI and AI governance. Gene...
“Highlights From New PWFA Regulations: What You Need to Know”
Переглядів 952 місяці тому
Longtime host Ari Kwiatkowski is back, fittingly from maternity leave, to discuss the Pregnant Workers Fairness Act (PWFA) regulations. The PWFA requires employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, and associated conditions. In this solo episode, Ari provides an overview of the law, its requirements, and what constitute known limitation...
“Compliance and Competition: Building Trust With Your Privacy Program,” With Jodi Daniels
Переглядів 172 місяці тому
Kevin and his guest, Jodi Daniels, founder and CEO of Red Clover Advisors, discuss the importance of privacy as a fundamental human right, noting that building trust is a two-way street. Jodi explains that a privacy consultancy helps companies comply with data privacy laws and build trust with their customers. Jodi emphasizes that privacy is both a legal compliance issue and a market opportunit...
“Parting Ways: Mastering the Art of Employee Offboarding, Part 2”
Переглядів 512 місяці тому
In this continuation of Lee Jacobs’s and Rosemary Enright’s conversation on offboarding, the co-hosts’ topics include the importance of sending timely notices of termination and unemployment insurance forms to terminated employees. They maintain that employers should refrain from providing written reasons for termination, and they discuss the different processes for voluntary and involuntary te...
“Keeping Hackers at Bay: The Role of an Ethical Hacker”
Переглядів 553 місяці тому
Kevin and guest Ziming Zhao, assistant professor in the Department of Computer Science and Engineering at the University at Buffalo, discuss Ziming’s work in systems and software security. They focus on ethical hacking and its goal of responsibly disclosing vulnerabilities to vendors. Ziming says that hacking can be fun and doing it ethically serves a purpose, though he emphasizes that ethical ...
“Parting Ways: Mastering the Art of Employee Offboarding, Part 1”
Переглядів 693 місяці тому
Lee Jacobs and Rosemary Enright discuss the importance of employee offboarding and provide guidance on how to effectively navigate the process. The conversation highlights the risks of not having a formal offboarding policy that considers data security and ensures a smooth transition, whether the employee is leaving voluntarily or not. They discuss the importance of having clear policies in pla...
Don’t Get Hooked! Tips to Prevent Phishing Attacks
Переглядів 183 місяці тому
In this episode, host Kevin Szczepanski and his guest, Bill Haber of TEKRiSQ, discuss preventing phishing attacks, which, they remind listeners, are “fraudulent attempts to obtain personal information through electronic messages.” Kevin and Bill highlight the prevalence and success of phishing attacks, emphasizing the need for vigilance by both individuals and organizations. Covering examples o...
Building Bridges: The Art of Employee Onboarding, Part 3
Переглядів 173 місяці тому
In this ongoing, in-depth conversation, Lee Jacobs and Rosemary Enright get further into “the minutia” and related topics of employee onboarding. In part 3, they cover the importance of job applications and descriptions, offer letters, and employment agreements-once again emphasizing customizing to the organization’s specific needs. They also discuss contracts and agreements, hospitality tips a...
“Keeping Kids Safe Online: A Call to Action,” With Arun Vishwanath
Переглядів 244 місяці тому
“Keeping Kids Safe Online: A Call to Action,” With Arun Vishwanath
Building Bridges: The Art of Employee Onboarding, Part 2
Переглядів 144 місяці тому
Building Bridges: The Art of Employee Onboarding, Part 2
“Money Intercepted! The New Risks of Funds Transfers,” With Kyle Cavalieri
Переглядів 454 місяці тому
“Money Intercepted! The New Risks of Funds Transfers,” With Kyle Cavalieri
Building Bridges: The Art of Employee Onboarding, Part 1
Переглядів 374 місяці тому
Building Bridges: The Art of Employee Onboarding, Part 1
“Why You Absolutely Must Do a Risk Assessment in 2024,” With Bill Haber
Переглядів 395 місяців тому
“Why You Absolutely Must Do a Risk Assessment in 2024,” With Bill Haber
“Handbook Harmony: Mastering the 2024 Updates for an Effective Workplace”
Переглядів 535 місяців тому
“Handbook Harmony: Mastering the 2024 Updates for an Effective Workplace”
“The Boom of Generative AI in 2024-Breaking Down New Security Trends,” With Siwei Lyu
Переглядів 335 місяців тому
“The Boom of Generative AI in 2024-Breaking Down New Security Trends,” With Siwei Lyu
“The Essential Guidebook: Unpacking the Employee Handbook” With Lee Jacobs and Rosemary Enright
Переглядів 475 місяців тому
“The Essential Guidebook: Unpacking the Employee Handbook” With Lee Jacobs and Rosemary Enright
Navigating NY's Updated Minimum Wage and Exemption Thresholds, With Lee Jacobs and Rosemary Enright
Переглядів 306 місяців тому
Navigating NY's Updated Minimum Wage and Exemption Thresholds, With Lee Jacobs and Rosemary Enright
The Deaf Experience and Perspectives, With Rebecca Dadey (voiceover)-Voices of Excellence | Issue 56
Переглядів 206 місяців тому
The Deaf Experience and Perspectives, With Rebecca Dadey (voiceover)-Voices of Excellence | Issue 56
The Deaf Experience and Perspectives, With Rebecca Dadey-Voices of Excellence | Issue 56
Переглядів 496 місяців тому
The Deaf Experience and Perspectives, With Rebecca Dadey-Voices of Excellence | Issue 56
Barclay Damon’s Summer Associate Program
Переглядів 1348 місяців тому
Barclay Damon’s Summer Associate Program
“Don't Fear Compliance! How Health Care Startups Can Go From Zero to One”
Переглядів 549 місяців тому
“Don't Fear Compliance! How Health Care Startups Can Go From Zero to One”
Diversity, Equity & Inclusion at Barclay Damon
Переглядів 15110 місяців тому
Diversity, Equity & Inclusion at Barclay Damon
So no talk about how to qualify for Federal Court? I would have like to hear what it takes in 2024
I have some very important questions. Where can I find your email?
Positive for the employer, but the stigma is still there for the employee. They have been wronged, as I have been wronged.
I have an interview in June 2024 what should I expect on that interview do I need to hire a lawyer please help
Thank you!
I wish they were all awesome like Maureen!... Lots of variation, especially in ATL!
Harassment need a place to keep my documents safe long enough to share my findings dealing with constant BS
Urgent
Help me plz.
This video is missing the most important thing. A correct title. EEOC stands for Equal Employment Opportunity Commission.
In 2019 or 2020 I went at the EEOC office at downtown Dallas TX but was taken granted with my protected complaints against my employer thinking it was just a common ordinary day to day issues or an isolated case scenarios. I was however advised to continue my journals and date and time of these allege complaints to the management. I did as advised and after 4 to 5 years, I got educated and illuminated by God that these were all forms of non-obvious subtle retaliation discriminations and harassments or disparate treatment and disparate impact animus or covert bullying, FMLA Retaliations and Interference and ADA Discrimination Failure to Accommodate, EPA violation, ADEA discrimination as I am above 40 at age 52 that time. I am now age 57. I have been engaged in several protected complaints asserting my legal employment rights, ADA Disability Rights and a QUID. I have the integrated ADA/FMLA LEGAL protected rights violated and even demoted 3x and forced to a lesser desirable fepartment after coming from FMLA LOA 2X or given substantial workloads after getting ill from COVID in 2021. I was denied FMLA due to COVID and my COVID benefits were inadequately paid by the employer had I not caught them with their misteps against me. I was told a deception when I scrutinized my mandatory 2 week paid COVID LEAVE Benefits and found out only one week got paid. Pretextual reasoning of 'computer glitch' was their alibi. I have been exvluded om performance reviews dince COVID 2020 with a pretext reason of ' no one- on -one interviews' allowed due to COVID but in 2021 I saw an evidence list of both Managers and direct reports being on scheduled ' Connection Points'. I documented this on our ( certain work ) App to become permanent and readable worldwide! Then after a while after coming from my on my medical LOA, I was told a sudden change of ducumentation style of our tasks. The App I was using were altered that when I documented my protected observations I noticed the plaintiff and the defendants names were flawed! Then we discontinued using the outdated app instead. These overwhelming unrealistic volume of tasks assigned to me given huge workloads of 20 Bays at one long aisle per 8 hour shift were NOT DOABLE and were punitive work schedules of workloads designed to punish me in a subtle manners. The huge number of Bays were trimmed down to only three work bays much better thsn before. These unrealistic volume of tasks given the previous months prior to my mental restoration FMLA burnt out were complained by me. These were severe and pervasive that it altered the work environment and bosses became hostile giving me umwanted jokes of "you cannot have any breaks even meal break at all!" After repeated bullying of this type by my supervisor and MOD, these two partnered together to even harassed me further till it became unbearable and imtolerable that I requesteeld a serious FMLA LOA to take good care of my invisible dusability as qualified under the ADA DISABILITY AND FMLA GUIDELINES definition of mental impairments and as well as serious bodily functions covered by the EEOC GUIDELINES.
Due to my serious illness the employer took away my medical vidual and dental benefits and I asked a copies of my 1095-C reports from 2021 to 2023 but they significantly used deception to obstruct these numerous requests and up till now they failed to give me my evidence against them. The DOP/WHD dismissed my complaint due to non cooperation of lack of evidence to present to them. This was the fault of my uncooperative employer to significantly failed to comply with my several attempts of request my 1095-C about 5 to 6 momths ago now. Up till now, I was thrown back and forth to the HR and the Benefit Dept like a volleyball ball. The Corp HR and my Health Insurance Provider we were on 3 way conference call and I discovered who was lying. I heard I was told it was a system upgrade that kicked me out of their system. And that I was still covered accdg to HR but the health indurance provider and other providers and doctors offices were sending me the whole bills to pay as if I have no insurance coverage! The health indurance provider revealed that 3 days later after on approved FMLA LOA, my coverage have been 'TERMED'.
What about WEST COAST?
Too much unnecessary info….
How do you determine the 51%
Introducing Jen Cruz a 3/rd year student at Albany law school, they initiate and put on the table Business Law DeFacto's & BBL with Articles 1-12 or more. They draft motions in the health care.Mizuho Orthopedic Sys. v. Allen Med. Sys., 610 F. Supp. 3d 367, 2022 U.S. Dist. LEXIS 119565, 2022 WL 2544665 & Camilli v. Cty. of Chemung, 2021 U.S. Dist. LEXIS 155020, 2021 WL 3635208
The judge in my son’s case refused to use the portal. She even dismissed his case because he only posted it to the portal. The EEOC office had to call the judge and tell her she was not allowed to that. I don’t think the judge’s behavior with the portal was right. Judges in EEOC case should know better.
The right to sue letter is apparently the devil! After I received a right to sue letter and started applying for jobs afterward... new future employers know about that and are against hiring you because of it! I'm not sure how they know or see that you've previously received it, but they do. I didn't have to use mine because my former employer settled with me, but now employers know about it.
Hi thank you for posting this. How did your job search go? Did you get a new job?
@tsionsadore6538 Still in the process. I wish someone knew how the company obtained this information. I thought the issuance of the right to sue letters was confidential.
Amazon reported 39,000 total injuries at its U.S. facilities in 2022, up from 38,300 total injuries in 2021. The data suggests that injuries experienced by workers at the company are more frequent and severe than other warehouse workers, how many of those workers are you representing beyond the mediation? Listen a public servant laught and stated the she represent all this positions without understand the pain and suffering of Amazon workers is just a disgrace.
DISCLAIMER: The opposing party neglected to follow all 5 of the EEOC ORDERS. How long should a reconsideration take on an appeal where the judge errored on a favorable default judgement without a hearing for " making whole relief "?
Can’t get an appointment
This EEOC lady is clearly on the side of the employers. She “hates” asking for discovery information when the employer refuses. That’s her job! She should suspect the employer that has something to hide. But she is supposed to be on the side of the damaged party not on the side of the law breaker! Unbelievable! We pay taxes for the EEOC stab is in the back?
What would an employee do when the EEOC does not act "impartially" and fails to comply with MD 1614.108 "develop a complete and accurate record of evidence" i.e., no personnel file, no docs showing employer actions were prompt and adequate to remove or prevent hostile environment harassment (except to single-out the complainant), that employee had access to complaint resources, and failed to request the "company surveillance video" the employer portended held information supporting the "legitimate reason" for the adverse action taken (termination) of the sole protected employee on it's staff, but the EEOC still dismisses on the basis of only unsupported allegations n claims absent evidence in the record. I went up the Ohio chain n got "we usually accept the determination of the investigation." Filed R37 motion...AJ said "complainant could have obtained the information prior to filing this motion." I had no access to info consistently in 'possession, custody, and control' of my employer. FOIA revealed exactly an incomplete record. I didn't get my personnel file until I filed R 37 motion in federal court, and still, the employer has never produced the 'video' I always claimed did not exist...because the events never happened as alleged. Means reliance on the EEOC might be the death nail of your case.
By management employee, do you mean first line supervisor? She said, they won't contact the management employee. My investigator said in her letter, that she will contact my first line supervisor!
This was great. Very informative and in line with claim trends.
I was out w/ excruciating pain in my knee. Been going to Dr. trying to get it fixed,but it was affecting my physical and mental abity to work. Went under Drs. care, got fixed,came back to work after Dr. released me to go back and they fired me. Didn't give me a chance to work to prove if my work etht was because of my disability. The woman that trained me got supervisor job also. She mentally harassed me to the point I was in tears. I have witnesses of my treatment from her. She turned the table on me and told Management that she felt threatened by me and they believe her. It's in my work records, and they won't give me a copy, or let me see my personell records to actually see what the allegations were, so that I could debate my case. I have never threatened her or anyone else in my company. Been in manufacturing all my life and have never insulted my boss or management Do I have a case?
Can you please make a video for North Carolina with one or more of their EEOC senior leaders?
😳 "promo sm"
NEED ONE FOR OHIOS EEOC.
Thank you, so very much for these video series! This has been so helpful in laying out the process and alleviating a big stress load off my shoulders!! I'm currently involved in the infancy of my EEOC journey (2-weeks post EEOC charge interview) and understanding the next steps is so helpful.
hi, by chance during the interview, is that where you provided your personal statement? or did your answers to these question help compose your statement later in the process? curious to know as I prepare for my interview.
@aarr8626 During my EEOC interview, I painted a 5,000 foot overview of my claims in order to move my claim to the next status of a "charge," and then my company was served notice the same day of my interview. After that, I sat in line waiting for my employer to provide their "Position Statement," which took 2-3 months for me to receive. Then, I had 30-days to rebuttal their Position Statement. After that, I started to upload my proof documents to the EEOC portal. I had thousands of emails lM'S, texts, snapshots, and 325 videos. The video I could not upload because they're too big. The EEOC site where you upload your burden of proof is slow and cumbersome. So if you have a lot of documents like I did, now is the time to prep them for uploading. I did not retain an attorney until just recently. So I did all of that front work by myself and advised my attorney of how much I had already completed. In the grand scheme of things I was the only one who could prep the evidence because anyone else may not have understood what they were looking at (until understanding the details surrounding each piece that I uploaded) I got really lucky getting an attorney at the time that I did. I thought I was going to have to go through this alone and beg the EEOC to take my case. I had Attorney's tell me to come back after the EEOC investigation with findings and we'll talk about taking your case. The attorney I retained was ready to jump in now and mitigate the damage (if possible) but will rise to the occasion of trial if need be. I took Lisa's advice about outlining my claims and being able to sell it quickly. Best advice I've received yet from anyone! Basically, don't wait for an attorney to come to you. Work on presenting your case the best you can and prep yourself and documents. The process takes a long time. However, the EEOC gives your short windows in which to respond and upload documents. Hopefully, some of this helps and best of luck! Hope you prevail 😊
Thank you so very much this was very informative! One thing that's hard to understand is how the EEOC is a neutral party. However, will represent the employee in a litigating against the employer.
This series is very insightful!Would you elaborate on what you mean by non-management employees? For example, what if there is an alleged issue between junior or executive or senior level managers in a company?
Can you file a federal lawsuit without a lawyer?
This is good....but if federal emp it is a very hard to understand the process.
Both was great 👍
Just want to thank you for these videos. I listen to the podcasts on Spotify and it helps me with my HR practices in NY. :) Do you or will you have videos on how to handle the rising issues with the Just cause laws, or more importantly, how to handle cases where an employee is purposely seeking ways to sue; ie looking for ways to get hurt so they can get compensated or collect benefits. Either way, I look forward to more videos, they are much appreciated.
Well, ladies, I’m certainly satisfied 😏
Thank you for explaining this very clearly
Love your videos, the way you communicate is crystal clear, thank you!
Very informative! Aleece knows her stuff.
We're glad you think so too! Thanks for watching!
In your trucking company scenario, aside from the truckers, are the rest of the employees ok to partake in cannibis?
Thank you for your inquiry. So that we can respond appropriately, please contact Chris Harrigan directly at charrigan@barclaydamon.com
This is great info...especially given the timing of what’s to come for New York State...for anyone looking to get into the industry the prime opportunities are around the corner!
Hi. This was so awesome! I've been trying to find for a UA-cam vid like yours that really informs everything in this UA-cam vid! 🧑⚕️ 🙌Your lesson for sure reminds me of the channel from this new health enthusiast Doctor Ethan. Dr Ethan's demonstrations are totally knowledgable and I really learned a lot for my wellness! He is the helpful medical student in the UK and he talks about medical school. Go see his UA-cam out and give the med student a subscribe! ➡️ #DrEthanEducational