The HR Specialist: New York Employment Law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 10
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The HR Specialist: New York Employment Law

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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Always record the details of your disciplinary decisions at the time you make them. Document as if you are assuming that litigation will result from every disciplinary act.

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Employees who have been sexually harassed or experienced other forms of discrimination over several years may be able to rely on the so-called continual violation doctrine to extend the period of time they have to sue.

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