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Slut-Shamed In the Workplace? Avoiding Exposure for Your Employees' Exposure
Maybe it starts with "Did you hear …" whispers in the breakroom. Or perhaps it escalates as employees huddle over their smartphones, eager to check if the rumors are true — that one of their co-workers has a page on an online adult entertainment platform like OnlyFans. Regardless of how it starts, situations involving an employee's voluntary online exposure rarely end well and can bring legal exposure for the employer. Besides dealing with the disruptive effect in the workplace, employers and HR professionals risk damage to a company's reputation and being caught between a rock and a hard place: if you discipline the female employee with the OnlyFans side gig but not the male co-workers who discovered and shared it, you may be accused of engaging in disparate treatment, retaliation, or even of condoning sexual harassment and a hostile work environment. As sites like OnlyFans have exploded in popularity during the COVID-19 pandemic, one side effect has been the creation of a minefield for employers, HR professionals, and lawyers to navigate.
OnlyFans
So what is OnlyFans? It's an online content subscription service founded by British entrepreneur Tim Stokely in September 2016, which initially gained some measure of popularity among musicians, YouTubers and fitness influencers who created and offered exclusive, non-sexual content. But as social media policies became increasingly censorious and the faltering economy left many individuals looking for means of supplementing or replacing income, adult entertainment became the calling card for OnlyFans. In exchange for a social media-like interface (complete with direct messaging, pay-per-view, and a "tip" button), OnlyFans creators take a DIY approach to content and pay the platform a 20% commission. In March 2020, OnlyFans had 30 million registered users and 450,000 creators. A year later, those numbers jumped to 120 million registered users and 1 million creators. Last year alone, OnlyFans paid out more than $2 billion to its creators. See, "'Where Else Can I Make a Month's Rent in Two Days/': The Unlikely Stars of OnlyFans," The Guardian (July 10, 2021).
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.