Employee interpretations of state laws are leading to sky-high numbers of lawsuits in the Empire State. Aggressive attorneys don’t stop with federal laws like FMLA, ADA and FLSA: they use state and local living-wage statutes, rural codes, plus discrimination and other laws to sue employers for sky’s-the-limit damages. This New York-specific newsletter arrives monthly to help sue-proof every aspect of HR. Written in plain English, it’s your insurance policy for staying in step with current interpretations of state and local laws – and staying out of court. Learn more about HR Specialist: New York Employment Law and the free report you’ll get when you subscribe...
The HR Specialist: New York Employment Law
The NYPD has agreed to a settlement in a disability discrimination case filed by the U.S. Department of Justice. An applicant for a school crossing guard position had filed the complaint and later sued, alleging that the NYPD required a physical examination immediately upon completion of a job application.
Here’s some good news: If you have complete and accurate time records, an employee’s claims that he just “knows” what hours others work isn’t going to be enough to keep a lawsuit moving.
There’s a quick and easy way to determine whether your bonus payment program might be tainted by hidden sex discrimination in violation of either the federal Equal Pay Act or the New York Human Rights Law.
The NLRB has ordered a Plainview catering and food-service company to hand over reams of financial information to the United Food and Commercial Workers union to use in contract negotiations.
According to a recent 2nd Circuit Court of Appeals ruling, when the alleged harassment comes from customers and others over whom the employer has limited control, the rules regarding co-worker harassment apply.
Some things in life are certain. Like death and taxes, litigation following a firing after a discrimination complaint will happen. The reason: Judges are reluctant to toss out retaliation claims without first hearing all the evidence.
When business is down and you need to make cost-saving cuts, it can be tempting to use that as an excuse to shed a “troublemaking” employee. Don’t do it.
Watch out for the old adage that the customer is always right. Take it too literally, and you could be courting employment law liability. Handling customers who ask you to violate the law is tricky.
Some managers are just clueless about how to treat employees. You certainly don’t want to encourage boorish behavior. At the same time, you shouldn’t worry that a relatively harmless verbal blunder will land you on the losing end of a discrimination or harassment lawsuit. Just make sure your core HR processes are solid.
Eight years after being flagged for similar violations, Long Island’s Chateau Briand catering company has been burned again for illegal pay practices.
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