- Licenciatura en Comunicaciones Corporativas, Universidad de Texas en Austin;
- Doctorado en Jurisprudencia, Escuela de Derecho de la Universidad de Georgia
Mientras que yo pretendía que la práctica del derecho fuera solo un desvío temporal en mi camino para convertirme en político - ese desvío se ha vuelto más bien en mi pasión. ¡Y eso es un político menos en el mundo! Tengo el placer de admitir que he adquirido un verdadero entusiasmo por la práctica del derecho laboral, especialmente dentro de la industria de la hospitalidad. ¿Qué podría ser más gratificante que ayudar a un hotel a abrir sus puertas o asesorar a un restaurante sobre las mejores prácticas para elevar la relación empleado-empleador y evitar demandas? En cuanto a la creencia convencional de que la práctica de la ley es seria o aburrida…“¡yo me opongo!”
En Stokes Wagner, nos orgullecemos de nuestro enfoque al “derecho preventivo” - ayudar a evitar problemas costosos y molestos antes de que surjan. He adoptado completamente este concepto. Al asesorar a mis clientes de forma diaria, busco construir una relación comunicativa en donde mi familiaridad con el cliente me permite identificar problemas antes de que se conviertan en problemas. Y en caso de que un litigio sea inevitable, yo enfrento el desafío como un dedicado e informado abogado para mis clientes.
Como asociada de nivel medio, he ganado un impresionante rango de experiencia. Ya he depuesto a celebridades, llevado a cabo investigaciones confidenciales en el lugar de trabajo, completado auditorías en sitio para instituciones icónicas de la hospitalidad, capacitado a un ejército de gerentes, argumentado innumerables mociones (varias para raperos ganadores del Grammy), servido como abogada principal en arbitraje, mediado numerosos casos y servido como abogada principal en un juicio. También he preparado una montaña de contratos de proveedores, manuales, acuerdos de propinas compartidas, acuerdos de empleo, políticas para los empleados, S.O.P.’s, liberaciones, avisos de permiso y otros documentos relacionados con la hospitalidad. Y mientras que las necesidades de cada cliente pueden presentar nuevos desafíos, yo permanezco impávida. Como dijo Benjamín Franklin, “la energía y la persistencia conquistan todas las cosas”.
Cuando no me estoy lanzando en el lado profundo del derecho, soy una notable sabueso de restaurantes, chef amateur y nueva mamá perruna. Pero, sobre todo, resuelvo problemas buscando presentarme preparada y lista para tomar el desafío.
“No Tax on Tips Act” Passes U.S. Senate With Unanimous Consent
May 27, 2025
Categoría: Legal Updates
On May 20, 2025, the U.S. Senate passed the “No Tax on Tips Act” with unanimous consent. The bill now heads to the U.S. House of Representatives.
The United States Department of Labor (“DOL”) recently released a final rule that addresses the classification of workers as independent contractors under federal labor law. The rule goes into effect on March 11, 2024.
New Chicago Paid Leave and Paid Sick and Safe Leave Ordinance
November 20, 2023
Categoría: Legal Updates
Effective December 31, 2023, the Chicago Paid Leave and Paid Sick and Safe Leave ordinance will replace the existing Paid Sick Leave ordinance. Under the new ordinance, employees accrue one hour of paid sick leave plus one hour of general paid leave for every 35 hours worked, with a cap of 40 hours for each type of leave annually. Employees can carry over up to 16 hours of general paid leave and 80 hours of sick leave to the next year. Alternatively, employers have the option to front-load both types of leave at the start of each benefit year, which exempts them from the rollover requirement for general paid leave, but not for sick leave. New employees can use paid sick leave after 30 days and paid leave after 90 days of employment, and may opt to use this leave before any other provided by the employer unless mandated otherwise by law.
The National Labor Relations Board (NLRB) has implemented a final rule effective December 26, 2023, which broadens the criteria for determining “joint employer” status under the National Labor Relations Act (NLRA). This rule reinstates the broader Obama-era interpretation of joint employer by emphasizing the importance of an employer’s potential control over the essential terms of employment, regardless of whether this control is actually exercised.
The CROWN Act: Protecting Austin Employees from Hair Discrimination
July 8, 2022
Categoría: Legal Updates
With its implementation of the Creating a Respectful and Open World for Natural Hair (“CROWN”) Act in June, the City of Austin joins twelve states who have passed legislation amending the definition of the word “race” to include protections against hair discrimination. As a result, the City Code’s definition of “unlawful employment practice” will include “protective hairstyles,” which means a hairstyle necessitated by, or resulting from, the characteristics of a hair texture or hairstyle commonly associated with race, national origin, ethnicity, or culture, and includes, but is not limited to:
Beginning on July 12, any employer with 20 or more employees who has workers either working in or teleworking out of San Francisco will need to comply with the amended version of the Family Friendly Workplace Ordinance (“FFWO”), which may be found here.
In March, Florida’s legislature approved the “Stop Wrongs to Our Kids and Employees (WOKE) Act.” The bill restricts how workplaces and classrooms around the state handle discussions surrounding race, gender and discrimination. The law, expected to take effect on July 1, 2022, will also prevent companies with 15 or more employees from subjecting “any individual, as a condition of employment … to training, instruction or any other required activity that espouses, promotes, advances, inculcates or compels such individual to believe” certain concepts related to diversity, equity and inclusion (“DE&I”).
Ending Mandatory Arbitration of Sexual Assault and Sexual Harassment Claims
February 23, 2022
Categoría: Legal Updates
On February 10, 2022, the U.S. Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). Once signed into law, arbitration agreements and joint-action waivers are unenforceable with respect to most sexual assault or harassment employment claims.
Based on recent guidance from the Office of the General Counsel of the National Labor Relations, covered employers with unionized workers must engage their employees’ unions when developing their vaccination and/or testing policies to comply with OSHA’s new ETS rule (“ETS”). The Board has emphasized employer’s duty to bargain concerning changes in terms and conditions of employment where employers are allowed discretion in implementation. Since ETS gives covered employers discretion with regards to implementing certain of its requirements, employer’s must bargain with their employees’ unions.
California Labor Commissioner Guidance Requires Employers to Pay for COVID Test and Testing Time
September 10, 2021
Categoría: Legal Updates
Employers may legally require their employees be vaccinated. Consistent with California’s FEHA, all employers with five or more employees have an affirmative duty to make a reasonable accommodation for any employee with a disability or sincerely-held religious belief. Employers must engage in a good faith, interactive process with employees in these situations. One such accommodation may be to require routine COVID-19 testing in lieu of vaccination.
Georgia’s SB 288: Giving Rehabilitated Individuals a Second Chance
May 18, 2021
Categoría: Legal Updates
On January 1, 2021, Georgia joined 41 other states in allowing a person to remove certain convictions from their criminal record after a period of “conviction-free” years. With the passage of SB 288, an individual of any age may petition their original sentencing court to restrict and seal the record of a misdemeanor offense four years after they have completed their sentence. The individual can make this petition as long as they have not been convicted of a new offense in those four years and do not have any pending charges.
Paid Leave Required for COVID-19 Vaccinations in New York State
March 19, 2021
Categoría: Legal Updates
On March 12, 2021, Governor Cuomo signed legislation granting both public and private employees time off to receive the COVID-19 vaccination. Under this new law, employees are entitled to receive paid, job-protected leave “for a sufficient period of time, not to exceed four hours per vaccine injection” (i.e., 8 hours of total leave if receiving two shots) to receive a COVID-19 vaccination.
We are proud to announce the release of our latest Quarterly Newsletter, which may be found here.
This quarterly covers topics including:
- Anticipated changes in labor law under the Biden Administration,
- The latest Assembly and Senate Bills for California,
- Minimum Wage updates, and
- Classification of independent contractors.
Our newsletter summarizes key developments in the employment law arena on a quarterly basis, with a focus on how these developments may impact the hospitality industry and your operations. As you may have noticed, the legal landscape changes on a far more frequent basis than four times a year. So, when a particularly significant development occurs, we immediately publish a “Legal Alert” and make it available to each of our clients and subscribers. If you would like to stay abreast of legal developments in real-time, and receive our legal updates in a more timely fashion, we invite you to follow us on Instagram @stokeswagner.
THIS DOCUMENT PROVIDES A GENERAL SUMMARY AND IS FOR INFORMATIONAL/EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE COMPREHENSIVE, NOR DOES IT CONSTITUTE LEGAL ADVICE. PLEASE CONSULT WITH COUNSEL BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION.
Mandatory COVID-19 Vaccinations in the Workplace: Breaking Down the EEOC’s Guidance to Employers
December 28, 2020
Categoría: Legal Updates
On December 16, 2020, the EEOC updated its COVID-19 guidance to include guidelines pertaining to mandatory vaccinations in the workplace. The EEOC stated that the administration of the COVID-19 vaccination is not a “medical examination” under the ADA, and thus private employers may require employees to be vaccinated as a condition to continued employment, or, at the very least, as a condition to returning to the workplace.
Abusive or Offensive Language is No Longer Protected Activity Says the NLRB In Its Recent Ruling
July 24, 2020
Categoría: Legal Updates
Under the National Labor Relations Act, workers engaging in a “concerted activity” with other employees, such as a union organizer or representative discussing conditions of employment with an employer, qualifies as a protected activity.
The fluctuating workweek formula applies to nonexempt, salaried employees whose hours vary widely from week to week. The formula allows employers to pay overtime hours at diminishing rates as long as they pay workers a minimum base salary, regardless of how many hours they work. While certain states have disallowed the fluctuating workweek, states who allow the method just received some clarity from the Department of Labor (“DOL”).
During the COVID-19 pandemic, employers are struggling to determine how to protect their current workforce. We’ve compiled a list of common inquiries regarding this pandemic.
This week, the U.S. Supreme Court will hear a trio of cases asking whether federal law protects gay and transgender workers from discrimination. Currently, Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate against workers “on the basis of…sex” among other protected traits. The Court’s ruling on these cases will determine whether “sex” includes sexual orientation and gender identity.
A recent federal court decision reminds employers that an employee’s electronic acceptance of an arbitration agreement may not, by itself, be enough to prove that the employee has agreed to arbitrate. In Shockley v. PrimeLending, the U.S. Court of Appeals for the Eight Circuit recently affirmed the lower court’s decision to deny the employer’s motion to compel arbitration where the arbitration agreement was signed via the employer’s automated intranet system.
In January 2020, Nevada will become the first state to bar employers from refusing to hire a prospective employee due to a positive drug test for cannabis. The new law carves out some exceptions for employees who operate a motor vehicle or whose cannabis use could adversely impact the safety of others but protects all other job applicants.
On March 4, 2019, the U.S. District for the District of Columbia issued an opinion reinstating the EEOC’s collection of pay data as part of the EEO-1 Report filing. The revised EEO-1 form was an Obama-era change that would have required employers with 100 or more employees to report W-2 wage information and total hours worked for all employees by race, ethnicity and sex within 12 proposed pay bands. The pay data collection requirement was originally slated to go into effect on March 31, 2018 but was stalled after the Office of Management and Budget (“OMB”) stayed the implementation of the pay data collection portions of the revised EEO-1 Report.
The Forced Arbitration Injustice Repeal Act (“FAIR” Act) was introduced in both houses on February 28, 2019. If passed, the FAIR Act would eliminate mandatory arbitration agreements in employment, consumer, antitrust and civil rights claims. The bill would not completely do away with arbitration. Employees and consumers could agree to arbitration after a dispute occurs. The FAIR Act would also prohibit agreements that stop individuals, employees and businesses from joining or filing class actions.
New York City recently signed the “Stop Sexual Harassment in NYC Act” into law. The Act amends the New York City Human Rights Law (“NYCHRL”) and the New York City Charter, providing several noteworthy changes aimed at preventing sexual harassment in the workplace.
Today, the Supreme Court issued a 5-4 decision holding that employers are not violating the National Labor Relations Act by requiring employees to sign class action waivers in arbitration agreements as a condition of their employment. Rejecting the NLRB’s position that class waivers violate a workers’ right to engage in concerted action, the majority held that mandatory arbitration agreements, which bar employees from joining together in a class-action lawsuit to settle disputes over wages and working conditions, must be enforced.
California’s New Parent Leave Act (S.B. 63), which requires small business employers (20-49 employees) to provide employees with 12 weeks of unpaid, job-protected parental bonding leave went into effect on January 1, 2018.
Starting January 1, 2018, nearly all private employees in New York State will be eligible for Paid Family Leave so the employee can (1) bond with a newly born, adopted or fostered child; (2) care for a family member with a serious health condition; or (3) assist loved ones when a family member is deployed abroad on active military duty. Paid Family Leave will phase in over four years, starting at 8 weeks in 2018 and increasing to 12 weeks by 2021.
On August 5, 2017, the New York City Commission on Human Rights published final regulations which expand on and clarify the already burdensome requirements of the Fair Chance Act (“FCA”). These newly released regulations will make background checks particularly difficult for national employers and/or employers with a consolidated hiring process in multiple states.