The HR Specialist: New York Employment Law

In some situations, you may be able to get a court to issue a “no more lawsuits” order. It’s not easy, though.

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When transfer requests are routine, refusing one may be retaliation. Recent case: Corene, a teacher, said her performance evaluation was biased. She complained internally and filed a discrimination complaint. Shortly after, her request for a transfer to another school was rejected. She sued, adding retaliation to her complaint. The lower court dismissed her lawsuit, but […]

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When employers consider the possibility that an employee may sue under the Sarbanes-Oxley Act (an investor protection law sometimes called SOX), they naturally think in terms of financial damages. But courts are now saying that SOX allows wronged employees to collect emotional distress damages, too.

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There is good news for employers that have to mediate workplace disputes that can fairly be characterized as personality clashes between co-workers.

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Sometimes, an employer’s most valuable quality is patience. For example, letting an employee take FMLA leave even if you suspect his underlying condition may not really qualify can make the employee’s subsequent lawsuit fall flat.

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The National Labor Relations Board, in its Miller & Anderson, Inc. decision in July, announced a new standard that makes it much easier for unions to organize temporary employees working at another employer’s facility.

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The New York State Department of Labor has proposed new regulations that would require employers to tell employees in detail how direct deposit and paycard payment options work.

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Under the Davis-Bacon Act, employers are required to pay prevailing wages to employees who work on federal contracts. Sam Schwartz Engineering, a paving contractor on a federal project in Manhattan, found out the hard way that violating the prevailing wage rule is expensive.

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New York City Mayor Bill DeBlasio has signed an amended version of the city’s Displaced Building Service Workers Protection Act into law, a move that may not mollify critics of the original law.

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Sometimes, it takes a while for management to make changes in schedules and duty assignments after a promotion or transfer. A reasonable delay—even if it results in some loss of pay—isn’t considered an adverse employment action or serious enough to win a discrimination lawsuit.

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