pjw's blog

NOSSCR – Now what?

pjw — Thu, 27 May 2021 14:14:41 +0000

NOSSCR – Now what?

Virtual conferences, just like in-person conferences, are a fantastic opportunity to network and connect with others. It gives you a unique opportunity to reach out to potential clients that you have been in contact within the past and is also a great way to find new firms that could benefit from the service. Along with connecting with others in the industry, it also gives you direct access and insight as to what is going on inside the industry. With that being said, the virtual conference is what you make it – the work needs to be put in to see results. While it is crucial to have a mapped-out plan on how you are going to approach and navigate the conference, what do you do once the conference has come and gone?

Make a List

While it may seem obvious, the things you do after the conference has ended are just as important, if not more important, than what you did during the conference. It is key to keep track of who you spoke with throughout the conference. An easy way to do this is to make a list of everyone you had contact with or would have liked to have made contact with. On this list it is, it is important to note things from your conversation that you can follow up about. This can help address a potential client or partner with a tailored follow up specific to them. A huge part of this is timing. Once a potential client expresses interest and a need for the service, it is key to send over the most relevant information in a timely manner.

Connecting with New Contacts

It is likely that you have a potential contact’s information, such as an email address and phone number, but what if this is not provided? This is when using tools like Linkedin can be huge. Just by sending a request to connect with a potential client via Linkedin is a fantastic way to separate yourself from the pack. It is also a non-aggressive tactic to making a touch so that the contact remembers you and what your company does. In doing this it is more likely that the contact will reach out down the road when they are in a position when they are ready to try the service out.

Promotions

It is inevitable that when you are reaching out to a list of contacts, that many are going to show some interest but show some push back. By using the tools at your disposal through offering a discounted rate, it can entice potentials to get the ball rolling rather than just putting things off for some later date. The promotions are a great way to get a client in the door, especially one that is skeptical about signing up for one reason or another. This gives the us the chance to show the quality and service that eGenerationMarketing delivers and gives us the chance to earn their trust without them ever being tied into a contracted period of time and being free to pause or cancel at any time with 48-hour notice.

pjw Thu, 05/27/2021 - 10:14

Employment Law Claims and The Office

pjw — Thu, 15 Apr 2021 17:12:11 +0000

Employment Law Claims and The Office

A show that comes to mind when I think about employment law is The Office. The Office aired for the first time on NBC in March of 2005. The show lasted a total of nine seasons and the final episode aired in May of 2013. I think it would be fair to say that if The Office came out at this point in time, as opposed to back in 2005, it would be extremely problematic and networks, especially NBC, would most likely not feel comfortable putting the show on air. There are few episodes of The Office in particular that would lead to an employee filing an employment law claim because of blatant harassment or discrimination. While these episodes are cringe-worthy, they also make the show stand out in a unique and hilarious way.

When it comes to employment law and The Office there are tons of potential employment law claims that could be made by the employees at Dunder Mifflin Paper Company, Inc. Michael Scott, played by Steve Carrell, often crosses the boundaries for racism and sexual harassment while trying to land a joke. A few episodes where this is blatantly obvious are “Diversity Day”, “Gay Witch Hunt”, “Sexual Harassment” and “Women’s Appreciation”.

Sexual Harassment in The Office

In the episode, “Women’s Appreciation”, Phyllis gets flashed in the parking lot. his leads Michael to trying to be funny, but instead creates even more examples of sexual harassment by pretending to flash his coworkers. He then tries to take the women in the office to Victoria’s Secret to make things better. Both of these have potential for a sexual harassment claim.

As for the episode “Sexual Harassment” the title pretty much tells it all. This is one of the first times Packer makes an appearance on the show as he was the former CFO of Dunder Mifflin and Michael is very excited to see Packer and mentions the former CFO’s sexual misconduct allegations. Toby, who is head of Human Resources, confronts Michael about the company’s sexual harassment policies. This leads to Michael being concerned about not being able to make a dirty joke again because he things it will hinder his relationship with his employees. Later in the episode Michael continues to make inappropriate jokes about his female coworkers.

Racial Discrimination in The Office

In the episode “Diversity Day” we find out that corporate has sent over a speaker to hold a meeting regarding diversity after a very negative response over Michaels’s imitation of Chris Rock’s routine. Instead of following the instructions from corporate, Michael decides to hold his own diversity training session. In his meeting, Michael continues to perpetuate racism rather than actually providing his staff with a proper training.

Sexual Orientation Discrimination in The Office

Finally, the episode “Gay Witch Hunt” is the episode where Michael accidentally outs Oscar’s sexual orientation in front of the entire company. Even then Michael attempts to show his support for Oscar and his sexuality by kissing Oscar against his will. This is clearly an instance where Oscar would be able to make a number of employment law claim for being harassed by Michael verbally, discriminately, sexually, physically and personally.

Getting More Employment Law Cases

Most employment law claims, or cases do not have the sort of overt behavior we see on The Office. Discrimination in the workplace is generally more subtle, and perhaps more insidious. While we can’t promise to provide claims exactly like the ones you might see from the employees at Dunder Mifflin, we would be happy to help you expand your current caseload. If you are ever in need of employees to represent, then please feel free to reach out to eGen at 617.800.0089.

Sources:

https://decider.com/2018/02/17/the-office-is-problematic/

https://www.markowitzherbold.com/press-room/Articles/It-Happens-at-The-Office

pjw Thu, 04/15/2021 - 13:12

More 2021 Employment Laws

pjw — Thu, 14 Jan 2021 19:01:54 +0000

More 2021 Employment Laws

As we move into 2021, many states have passed and are planning on passing new laws relating to employment law. Most of these laws are going to affect each entire state, while some are limited to certain cities. While many of these new laws are being put into place because of the pandemic, there are still plenty that not related. Below are some employment and labor laws that will affect Georgia, Maine, Nevada, Massachusetts, Oregon, Washington, and New York.

Georgia

As of January 1, 2021, Georgia will allow individuals with certain criminal records to petition to have their records sealed. This will make it illegal for employers to use an employee’s criminal history to take action against that employee for their actions. Another law that was passed and put into effect as of January 1, 2021, is a law relating to wage and hour. This law will limit the number of wages that can be garnished for student loan repayment to 15% of garnishees weekly disposable earnings.

Maine

The state of Maine passed two laws that are effective as of January 1, 2021. Both laws are related to time off. The first law allows employees to accrue one hour of paid leave for each time they work a 40-hour week. Employees in Maine can accrue up to 40 hours each year. This only applies to companies that have more than 10 employees. The second law protects employers by making it so that there are certain procedures for employees accruing paid leave. Employees must provide notice when they need to use leave, scheduling use of leave, and penalizing denial of paid leave.

Nevada

The state of Nevada passed two laws that will go into effect on January 1, 2021. The first law is related to health insurance and employee benefits. This law establishes requirements for getting a certificate of authority for self-funded multiple employer welfare arrangements. The second law is related to employee safety training. This law expands the scope of mandatory safety training to include employees who are working in locations that are mostly used for trade shows, conventions, and other related activities.

Massachusetts

As of January 1, 2021, companies that are private now will have to provide certain covered individuals with paid family and medical leave, which will all be funded through a payroll tax.

Oregon

The city of Portland, Oregon is prohibiting private companies from using facial recognition technology in public areas.

Washington

The state of Washington is taking a new stance on criminal background checks. The idea is that this is going to keep employers from denying employment to a care provider or licensing to an early childhood educator who previously was charged or convicted of child abuse or neglect. This law protects individuals who were convicted of child abuse or neglect. The law strictly applies to individuals who were convicted, but since then have obtained a certificate of parental improvement. Another law that will be put into place in 2021 applies to the city of Seattle, Washington. This law will tax all employers that are doing business within the city limits of Seattle.

New York

Effective on April 5, 2021, the state of New York will now give employees who have chosen direct deposit to now receive confirmation of that direct deposit electronically instead of paper pay stubs.

With most of these laws already in effect, it will likely lead to more employment related lawsuits. With states like Massachusetts creating new regulations around paid family and medical leave, there may be an uptick in FMLA employment law cases.

eGen can help your firm expand its caseload with our exclusive employment law leads. For more information about our employment law leads, contact us today.

Sources:

https://www.littler.com/publication-press/publication/new-state-employment-laws-set-take-effect-january-1-2021?utm_source=Mondaq&utm_medium=syndication&utm_campaign=LinkedIn-integration#NewJersey

https://www.mondaq.com/unitedstates/employee-benefits-compensation/1004496/new-state-employment-laws-set-to-take-effect-on-january-1-2021

http://lawfilesext.leg.wa.gov/biennium/2019-20/htm/Bills/Session%20Laws/House/1645-S2.SL.htm?q=20200406203837

pjw Thu, 01/14/2021 - 14:01

Best and Worst States for Employment Law

pjw — Fri, 27 Dec 2019 21:04:26 +0000

Best and Worst States for Employment Law

The Equal Employment Opportunity Commission (EEOC) was created in the Civil Rights Act of 1964. The EEOC enforces federal laws prohibiting employment discrimination. Some of the things that these laws protect employees against are discrimination, harassment, unfair treatment in the workplace for reasons including race, religion, sex (gender identity, transgender status, and sexual orientation), pregnancy, national origin, age (40 or older), disability, genetic information, being denied reasonable workplace accommodations for disability or religious beliefs and retaliation because an employee: complained about job discrimination and or helped with an investigation or lawsuit.

When it comes to employment law, it is important to know the laws of the state that you live in, whether you are an employer or employee. The reason being is because a lot of the legal action around employment law takes place at the state level as opposed to just the federal level. The way that different states treat workers and the laws that states have implemented vary from state to state.

In an article published by the Chicago Tribune, Patrick J. Cihon, who is an associate professor of law and public policy at Syracuse University, discusses the importance of geographical location and employment assessments. Patrick gives reasons as to why some states are the best and worst to work and live in based on the different employment laws from state-to-state.

California: One of the top states according to Cihon because "its laws include fair employment and allow workers to take unpaid time off up to 40 hours a year for family matters. Its courts protect employees fired for illegal motives, uphold verbal promises or those made in employee handbooks and have broad exceptions from being fired 'at will.'"

Minnesota: The employment laws for Minnesota prohibit discrimination because of sexual orientation, have guidelines for drug tests ,and protect whistle-blowers. The Courts are known for challenging employment "at will" rules; which essentially means employees can’t get fired because employers are looking to avoid paying the employees what they have earned. Along with that, employers are not allowed to violate public policy by firing employees who refuse to break the law.

New Jersey: Also has exceptions to "at will" employment in that the state law recognizes written and oral promises which ideally keeps employers acting in good faith and also forbids discrimination (including genetic traits).

Massachusetts: Courts do not allow employers to fire employees for acting in poor faith and prohibit discrimination against employees.

Rhode Island and Wisconsin: Both states have more legislative laws for employees than the vast majority of other states, and Rhode Island’s whistle blower law covers both private and public workers, whereas Wisconsin is only public.

Some of the worst states for employment law include Alabama, Georgia and Mississippi. The reason for these states being some of the worst is that they "have minimal equal-employment laws and few judicial protections. Alabama for instance, has no state law forbidding racial discrimination." On top of that, most of "the worst" states are strong on being anti-union.

Why is all of this important?
While many people do not think about the employment laws in their state, it is something that should be taken into consideration. Whether you are looking for a job or are an employment law attorney that is trying to decide where to take cases, the state laws should be something that should be factored in to how you make your decision.

These laws may also influence where you purchase employment law leads from a lead generation service. States that have more laws in place may have more claims filed than those with lesser restrictions, making them more desirable states to generate employment law leads in. On the other hand, these states may be more saturated. States with few restrictions may have a less saturated market, potentially having less competition for leads.

At eGenerationMarketing we generate employment law case leads across the country. Contact us if you are looking to increase your caseload!

Sources:
https://www.chicagotribune.com/news/ct-xpm-1997-06-29-9706290306-story.html>
https://www.usa.gov/labor-laws
https://www.eeoc.gov/eeoc/history/35th/thelaw/index.html

pjw Fri, 12/27/2019 - 16:04