Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Uncategorized

Workplace Dating, Leadership Ethics & Love Contracts, Oh My!

In light of recent unfortunate events at a Coldplay Concert, when a CEO and HR Director were caught on a camera moment, ducking and hiding away from the media.  Dating in the workplace is common, every organization should have parameters in place to ensure expectation is set, consequences and clear ethical guidelines are in place.  We have all seen the fallout from the recent events at the Coldplay Concert, the CEO resigns, the HR Director is under investigation and internal workplace ethical credibility is gone.  Ethics starts at the top of the organization, if we don’t follow the mission, vision, values and code of ethics in the organization, why should we expect the workforce to follow anything?  Setting the tone at the top helps drive, culture, communication, internal equity, transparency, trust and open communication throughout the organization. 

Dating in the workplace is a common occurrence, given how much time employees spend together. However, it brings unique challenges and risks that employers must address to maintain a professional, safe, and productive environment.

1. Clear Policies and Guidelines
Employers are increasingly expected to have clear, written policies regarding workplace relationships. These policies typically outline:

  • Disclosure Requirements: Many employers require employees to disclose romantic relationships, especially if there is a reporting relationship or potential conflict of interest. Disclosure allows the employer to manage risks, such as favoritism or conflicts, and to make adjustments if necessary (e.g., changing reporting lines).
  • Prohibited Relationships: Most policies explicitly prohibit relationships between managers and their direct reports to avoid power imbalances and perceptions of favoritism or coercion.
  • Consensual Relationships: Employers emphasize that all relationships must be consensual and free from any form of harassment or coercion. Some require both parties to sign a consensual relationship agreement.

2. Professional Conduct
Employers expect employees to maintain professionalism at all times, which includes:

  • No Public Displays of Affection (PDA): Employees are expected to refrain from PDA or any behavior that could make colleagues uncomfortable.
  • No Favoritism: Employees should avoid any actions that could be perceived as favoritism or bias due to their relationship.
  • Maintaining Boundaries: Personal issues should not spill over into the workplace. If a relationship ends, both parties are expected to remain professional and not disrupt the work environment.

3. Anti-Harassment and Complaint Procedures
Employers are required to have robust anti-harassment policies and complaint procedures:

  • Sexual Harassment Training: Regular training is expected, especially for supervisors, to ensure everyone understands what constitutes harassment and how to report it.
  • Multiple Reporting Channels: Employees should have several avenues to report inappropriate conduct, not just through their direct supervisor.
  • Prompt Investigation: Employers are expected to investigate complaints thoroughly and impartially, taking corrective action if necessary.

4. Confidentiality and Non-Retaliation

  • Confidentiality: Employers stress the importance of keeping personal relationships and related information confidential to protect privacy and prevent gossip.
  • Non-Retaliation: Employees must be protected from retaliation if they report concerns or end a relationship.

5. Consequences for Policy Violations
Violating workplace dating policies can result in disciplinary action, including reassignment or termination, depending on the severity of the infraction.

Key Takeaways for Employees

  • Know Your Company’s Policy: Always check your employee handbook or consult HR before starting a workplace relationship.
  • Disclose When Required: If your company requires disclosure, do so promptly to avoid potential disciplinary action.
  • Maintain Professionalism: Keep your relationship separate from your work life, avoid PDA, and treat your partner and colleagues equally.
  • Understand the Risks: Be aware that workplace relationships can lead to gossip, perceptions of favoritism, and complications if the relationship ends.
  • Seek Support if Needed: If you experience harassment or retaliation, use the reporting channels provided by your employer.

What Are Love Contracts?
A love contract—also known as a consensual relationship agreement—is a voluntary document signed by two employees who are in a romantic relationship at work. The contract typically acknowledges that the relationship is voluntary and consensual, and it often outlines expectations for professional conduct in the workplace 

Why Employers Use Love Contracts

  • Legal Protection: Love contracts are primarily used to protect employers from potential legal claims, especially those related to sexual harassment or favoritism. By having both parties acknowledge the consensual nature of the relationship, employers can reduce the risk of later claims that the relationship was unwelcome or coerced 
  • Clarifying Boundaries: These agreements help clarify how the romantic relationship will (and will not) affect the working relationship, which can be especially important if one party supervises the other 
  • Managing Breakups: In the event of a breakup, a love contract can help smooth the transition and set expectations for continued professionalism 

When Are Love Contracts Used?
Love contracts are most commonly used when a workplace romance involves a manager and a subordinate, as this dynamic poses the greatest risk for claims of harassment or favoritism. Most companies do not require love contracts for relationships between employees at the same level.

Ethics in the Workplace
Leadership ethics in the workplace refers to the practice of leaders making decisions and guiding their teams based on moral principles and values, rather than just focusing on profits or personal gain. Ethical leadership is about doing the right thing for the common good, considering the needs of employees, customers, communities, and the organization as a whole.

Core Principles of Ethical Leadership
Ethical leadership is built on several foundational principles:

  • Respect: Ethical leaders value the skills and contributions of others, fostering mutual respect rather than demanding it one-way. This creates healthier workplace relationships and a positive environment 
  • Accountability: Leaders hold themselves responsible for their actions, lead by example, and communicate openly about challenges without shifting blame 
  • Service: Ethical leaders prioritize the well-being of employees, customers, and the community, often engaging in charitable activities and encouraging their teams to do the same 
  • Honesty and Transparency: Open and honest communication builds trust within the organization and with customers, even when addressing difficult or unpopular issues 
  • Justice and Fairness: Ethical leaders ensure fair treatment for everyone, striving for equity and inclusion in decision-making 
  • Community: They view the organization as a community, considering the impact of decisions on all stakeholders and promoting collaboration 

A helpful framework for remembering these principles is the acronym FATHER: Fairness, Accountability, Trust, Honesty, Equality, and Respect.

Why Leadership Ethics Matter

Ethical leadership has significant benefits for organizations:

  • Improved Workplace Culture: Ethical leaders inspire trust, psychological safety, and a sense of belonging, leading to higher employee morale and engagement 
  • Attracting and Retaining Talent: Employees, especially younger generations like Gen Z, are drawn to organizations with strong ethical values and are more likely to stay with such companies 
  • Customer Loyalty: Consumers increasingly prefer to support businesses that demonstrate ethical practices and social responsibility 
  • Risk Reduction: Ethical decision-making minimizes legal issues, fines, and reputational damage 
  • Long-Term Success: Ethical leadership helps prevent scandals and fosters sustainable growth by building loyal partnerships, customers, and employees 

What Should Employers Consider?

  • Reporting Requirements: Love contracts usually require employees to report their relationship to HR, and also to notify HR if the relationship ends 
  • Favoritism Concerns: Even with a love contract, employers must be vigilant about potential claims of favoritism or discrimination from other employees.
  • Policy Integration: Love contracts should be part of a broader workplace romance policy that addresses reporting, confidentiality, and professional conduct.
Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Uncategorized

2025 Signs, Symptoms and 6 Recommendations to Counter Workplace Burnout and NYC Changes to Prenatal Leave July 2025

A Few Signs of Burnout

Common indicators of burnout include:

  • Decreased performance and productivity
  • Increased absenteeism
  • Emotional outbursts or negative interactions
  • Cynicism or detachment from work 

As we all know and understand, workplace burnout can be a significant issue in any of our organizations and throughout the workforce.  How do we help solve this common problem? What opportunities can we offer to employees to reduce workplace burnout? Lead by example and set the tone at the top of the organization to counter workplace burnout, while ensuring employee commitment and engagement.

My 6 recommendations on countering workplace burnout:

  1. Prioritize Your Health:  This is a challenge for all of us, with long workdays and challenging work schedules (electronic responses late night).  Look for opportunities to reduce stress and recognize when it is time to turn it off.  Eat healthy, exercise regularly (I work out at 5am most mornings, it is a great way to start the day), get a full night’s sleep (turn the TV off and other technology early) and meditate or find alternatives to reduce stress.  Developing disciplined and healthy habits will help you develop a routine; health should be a priority for all of us; I learned this the hard way.
  2. Compassion:  We all have different workstyles and how we personally handle stress and burnout.  Recognize your own signs when work and life are too much, know that it is okay to take a break and rejuvenate for a few days. Know when employees in the organization are burning out and ask them to take a break.  Burnout isn’t a personal failure, its simply time for a break.  Make the break a priority.
  1. Set the Tone at the Top:  Some of you have seen emails from me at 3am (or earlier), this is an area where I need to heed my own advice.  Set a good example as leaders in the organization and know when a break is needed and when to turn off the technology.  Encourage employees to take downtime and focus on life, not work.
  2. The Why:  Have a true understanding of the reasons your organization or you personally are having workplace burnout. Is there anything we need to change as an organization?  Is there anything I need to change?  Can we do 4-day work weeks in the summer? Ask for feedback from the workforce and actively listen.  Make the necessary changes to avoid burnout within yourself and your workforce.
  3. Vacation & PTO Days:  We have vacation and PTO days as a benefit in most organizations for a reason.  Use the days granted by the organization and understand the value of using vacation and PTO days.  Encourage subordinates to use these days as well and enforce the no technology usage on vacation policy.  It is necessary to unplug, I still have not learned this.
  4. Learn to Unplug:  I will call myself a hypocrite with this recommendation. I have not learned how to unplug as of yet, but I am working on it! Technology controls the way we communicate and how we run our organizations.  We have the ability to have instant access to information and need it to make effective and sound decisions.  Turning off the technology is not a bad thing; it provides the break we all need.  Learn how to unplug, even if it is only checking messages once a day on vacation (let’s see how well I am following my own advice).  I was in Yellowstone National Park, so cellphone service was sporadic at best, which helped me turn off the technology for a while.

These are a just a few thoughts I have had as I reflect back on a busy first half of 2025 and recognize areas I need to personally improve on work-life balance, while learning to unplug.  We all work differently, find the balance between life and work that is effective for you and your organizations.  Taking a break is not failing, it is recognizing your mind, body and spirit need to do something different or do nothing at all for a few days.  Enjoy the summer.

Strategies to Address and Prevent Burnout

  1. Foster a Culture of Wellbeing:
    1. Make employee wellbeing a core part of organizational culture, not just an HR initiative.
    1. Encourage work-life balance by promoting reasonable hours, flexible schedules, and the use of vacation time 
  2. Equip Managers to Support Employees:
    1. Train managers to set clear expectations, provide regular feedback, and remove barriers to success.
    1. Encourage open communication and regular check-ins to identify stressors early 
  3. Promote Mental Health Awareness:
    1. Offer mental health resources, such as confidential counseling or workshops on stress management.
    1. Normalize discussions about mental health to reduce stigma 
  4. Recognize and Reward Employees:
    1. Provide rewards that show appreciation for employees as individuals, not just for their performance. This could include gift cards, extra time off, or public recognition 
  5. Improve Workload Management:
    1. Use tools to optimize scheduling and ensure adequate staffing levels.
    1. Avoid last-minute changes that create unnecessary stress 
  6. Leverage Technology for Insights:
    1. Tools like Deloitte’s “Vitals” dashboard can help monitor employee workloads and identify early signs of burnout. Such systems enable proactive interventions 
  7. Create a Positive Work Environment:
    1. Encourage collaboration, fairness, and respect among team members.
    1. Adjust environmental factors like noise levels, lighting, and seating arrangements to enhance comfort  (You.com)

NYC ESSTA Rules Incorporating Prenatal Leave

The New York City Department of Consumer and Worker Protection issued amended rules on May 30, 2025, formally incorporating the state prenatal leave requirement into ESSTA. Changes and obligations related to prenatal leave, which are effective July 2, 2025, include:

Policy Requirements

The obligation to promulgate and distribute a policy related to ESSTA is expanded to require that such policy address paid prenatal leave entitlements. Under the rules, employers must distribute their written safe and sick time and paid prenatal leave policies to employees personally upon hire and within 14 days of the effective date of any policy changes and upon an employee’s request.

In essence, all NYC employers have an obligation to modify their current policy and reissue the revised policy to current employees.

Employee Notice of Rights, Posting

The Department also issued an updated Notice of Employee Rights that includes paid prenatal leave. The updated notice must be provided to new hires and to current employees when rights change (which is the case here), and employers must maintain a record of receipt by the employee. The notice also must be posted.

All NYC employers have an obligation to modify the notice required for new hires and reissue the notice to current employees.

Paystub Requirement

For each pay period in which an employee uses prenatal leave, the following information must be clearly documented on pay stubs or other documentation provided to the employee, such as a pay statement:

  • The amount of paid prenatal leave used during the pay period; and
  • Total balance of remaining paid prenatal leave available for use in the 52-week period.

Takeaways

  • Changes to NYC’s paid prenatal leave requirement take effect 07.02.25.
  • They incorporate and enhance NYS prenatal leave protections that went into effect at the beginning of this year.
  • NYC employers should understand their obligations and implement the changes to policies, notices, and recordkeeping.

Related links


NYS Paid Prenatal Leave Rights

Since Jan. 1, 2025, all private-sector employers in New York have been required to provide up to 20 hours of paid prenatal leave in a 52-week period to eligible employees, regardless of company size. The 52-week leave period starts on the first day the prenatal leave is used.

The prenatal leave entitlement is in addition to the statutory sick leave entitlement and other paid time off benefits provided by company policy or applicable law, and it applies only to employees receiving prenatal healthcare services, such as medical exams, fertility treatments, and end-of-pregnancy appointments. Spouses, partners, or support persons are not eligible to use prenatal leave.

Employers cannot force employees to use other leave first or demand medical records or confidential health information to approve prenatal leave requests. (See NYS Paid Prenatal Leave: Employers Must Manage a New Entitlement in the New Year.) (Jackson Lewis)

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD Uncategorized

4 Thoughts on Employer, Employees and Social Media Workplace Expectations: Anticipate Changes Under the New Labor Board (NLRB)

2025 NYS Jury Duty Daily Rate Change

“For the first time in decades, the New York State Legislature and governor amended Sections 519 and 521 of the Judiciary Law, to increase the daily rate of pay for trial and grand jurors serving in New York State, from $40 to $72. This amendment was enacted through the New York State Budget for fiscal year 2025-2026, which was signed into law on May 9, 2025. Accordingly, as of June 8, 2025, most employers with 11 or more employees must pay their employees who are absent for jury duty at a daily rate of $72 for the first three days of jury duty…As a reminder, employers are also required to comply with Section 519 of the Judiciary Law, which provides that “any person who is summoned to serve as a juror [] and who notifies their employer to that effect prior to the commencement of a term of service shall not, on account of absence from employment by reason of such jury service, be subject to discharge or penalty.”

Pursuant to Section 750 of the Judiciary Law, an employer may be “punish[ed] for a criminal contempt” if they are found guilty of “subjection of an employee to discharge or penalty on account of his absence from employment by reason of jury or subpoenaed witness service.” Section 751 of the Judiciary Law provides that such punishment may be by fine, up to $1,000, or by imprisonment for up to 30 days, or both….If an employer has questions about its obligations to an employee when it receives notice that its employee has been summoned to serve as a juror or witness, please contact counsel.” https://www.jdsupra.com/legalnews/nys-legislature-increases-daily-jury-1498682/

And now social media…

Social media in the workplace and outside of the workplace can be a complicated area for employers to manage, if we see certain posts by employees.  Is an employee protected if the post disparaging content about an employer or another employee on social media?  It depends on the post.  Employees are free to complain about terms and conditions of employment under Section 7 of the National Labor Relations Act (Wagner Act).  Under the Trump Administration and National Labor Relations Board (NLRB), some of the broad Section 7 social media content is being reduced, pro-employer rules on social media content.  However, the employee still has a protected right to complain or discuss terms and conditions of employment (wages, benefits, working conditions, hours of work, seniority, safety issues, grievance and arbitration process, leave of absence, performance reviews, respect, integrity and culture issues) on social media, “water cooler talk.”  With the NLRB turnover, expect changes to current policy expectations and rules at the federal level, which can and will vary from state or local level. 

Creating a Workplace Culture:

  1. Eliminate the Need to Complain on social media: Create a culture that there is an open channel of communication and employees have the opportunity to ask questions and discuss concerns with leadership. 
  • Social Media Compliance Policy: The policy needs to clearly communicate anti-harassment, anti-discrimination, anti-bullying, sexual harassment, retaliation, etc.  The policy should also include a social media use policy in the workplace.  The policy cannot be overly broad; this can impact employee’s Section 7 rights.  As social media evolves, so should our policies.  I’m happy to work on a policy for any organization.
  • Create a Culture: A safe and open workplace that encourages employees to speak about any aspect of the work environment.  Not only a safe and open workplace, but a workplace that closes the loop on communication and concerns are addressed with follow-up back to the employee.  Internal complaint procedures (required in New York State for sexual harassment), whistleblower hotlines/policy, supervisor training and an active HR department are suggestions to build a culture such as this.
  • Training & Awareness: Writing policies is great, I see misses on setting the expectation, training and being consistent with expectations throughout the organization.  What does leadership need to understand and what do the employees need to understand?  Are we consistent?  Have we communicated the policies, rules and expectations?  Do we need an annual training or reminder?

These are a few suggestions for improving an organization and being consistent with a social media policy in the workplace.  Have the social media policy reviewed prior to implementation in the workplace, once it is implemented, communicate and train employees on the new policy.

New York Labor Law Section 201-d:

This labor law prohibits employers from refusing to hire individuals because of lawful; off-duty recreational activities.  What does this mean for our organizations?  If you review social media or conduct Google searches on applicants prior to the making an offer, be aware of this law.  Social media reviews or research can lead to bias decision making. 

“What to Include

Alexiou recommends that social media policies include the following elements:

  • Roles. Identify the two main roles of employees on social media: official and unofficial. Make it clear that only the former can speak on behalf of the company.
  • Acceptable conduct and content. What can and can’t your employees post online? For example, employees must be respectful of others, be honest and transparent about their role, maintain workplace confidentiality, and so on. Prohibit online spats about the company and inflammatory or disrespectful language.
  • Regulations, legal restrictions and sensitive information. Make sure your employees are fully aware of the kinds of content they can and cannot post per industry regulations.
  • Procedure for conflict or crisis. Make it clear what your employees should do in these situations, including who they should reach out to for guidance and under what circumstances.
  • Call to action for participation. Explain that their participation in social media can help them build their personal brand, help the company recruit top talent, and drive the company’s sales and marketing activities. Encourage your employees to share why they enjoy working for you, how they feel supported by their manager or mentor, and customer testimonies about how your product or service impacted their life.

Arkansas: Prohibits employers from suggesting that an employee should disclose his or her social media username and password, add the employer as a social media contact, or change his or her social media privacy settings (2013).

California: Prohibits employers from requiring or requesting employees or applicants to disclose their username or password for their social media account and also prohibits employers from requiring the employee or applicant access his or her social media account in the presence of the employer. However, employers may make a reasonable request that an employee divulge personal social media account information, as is relevant to an investigation of employee misconduct (2012).

Colorado: Prohibits employers from requiring an employee or applicant to disclose a username, password or other means of accessing a personal account, unless an employer is conducting an investigation for legal compliance purposes (2013).

Connecticut: Prohibits an employer from requiring or requesting an employee or applicant to provide it with a username and password or to access a personal online account in the presence of the employer (effective Oct. 1, 2015).

Illinois: Bars employers from demanding employees or applicants reveal their usernames or passwords linked to social networking sites; also prohibits employers from forcing employees to display their social networking profiles for review (2012).

Louisiana: Employers cannot require prospective or current employees to disclose their username, password, or other login information that allows access to or observation of personal social media accounts (2014).

Maryland: Prohibits employers from requesting or requiring the disclosure of usernames or passwords to personal social media accounts and prohibits employers from taking or threatening to take any disciplinary action against employees or applicants who refuse to disclose such information (2012).

Michigan: Prohibits employers from asking for an employee’s or applicant’s personal Internet account information; does not prohibit an employer from conducting a work-related investigation into activity on an employee’s personal Internet account (2012).

Montana: Prohibits an employer from requiring or requesting an employee or applicant to disclose a username or password, access social media in the presence of the employer, or divulge information in a social media account as a condition of employment (2015).

Nevada: Prohibits employers from requiring access to an employee’s social media account as a condition of employment (2013).

New Hampshire: Employers cannot require prospective or current employees to disclose their username, password or other login information for personal social media accounts (2014).

New Jersey: Employers cannot require prospective or current employees to disclose their username, password or other means for accessing an electronic account or service (2013).

New Mexico: Employers are prohibited from requesting or requiring that prospective employees provide passwords or access to their social networking accounts (2013).

Oklahoma: Employers cannot require prospective or current employees to disclose their username, password or other login information to personal social media accounts or require prospective or current employees to log in to personal social media accounts in the presence of the employer (2014).

Oregon: It is unlawful for an employer to request that an employee or applicant disclose his or her username and password or add the employer to his or her list of contacts (2013).

Rhode Island: Employers cannot require or request prospective or current employees to disclose personal social media account information (2014).

Tennessee: Employers cannot require or request prospective or current employees to disclose login information to personal social media accounts or require prospective or current employees to log in to personal social media accounts in the presence of the employer (2015).

Utah: Generally prohibits employers from requesting information related to personal Internet accounts, including usernames and passwords; allows employers to investigate specific information on the employee’s personal Internet account to ensure compliance with certain laws (2013).

Virginia: Prohibits employers from requiring prospective or current employees to disclose the username and password to their social media accounts (effective July 1, 2015).

Washington: Prohibits employers from requesting personal social networking account login information from employees or applicants; allows employers to require disclosure of employees’ social media content in situations where necessary to comply with a federal law (2013).

Wisconsin: Employers cannot require or request prospective or current employees to disclose login information to personal social media accounts, or require prospective or current employees to allow employers to observe their personal social media account in the employer’s presence (2014).” (SHRM)

Additional Information

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