The HR Specialist: New York Employment Law

A group formed to free restaurant workers from the yoke of exploitation is about to be sued for exploiting them in turn …

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Although the Workers’ Compensation Reform bill recently signed into law provides just a skeletal outline of what New York’s workers’ comp program will one day look like, both business and labor groups are cautiously optimistic …

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The U.S. District Court, Southern District, recently ruled that a few comments made by a supervisor to a disabled employee did not rise to the level of a hostile work environment …

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The New York Human Rights Division is investigating whether tax refund anticipation loans are discriminatory …

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Employees who realize their jobs are in peril sometimes think pulling out the “lawsuit card” will save them. They’ll meet with an attorney, who will try to head you off with a threatened lawsuit. It sometimes succeeds because it casts the potential discharge in a sinister new light—as retaliation for threatening to sue. Here’s how to counter it and still carry through with your planned action

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To avoid triggering retaliation lawsuits, train managers and supervisors on how to react to a complaint. First and foremost, explain that all complaints should be received professionally and without any apparent display of disappointment or emotion. Remind them: No comment allowed

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Sooner or later, you’ll be deep in a sexual harassment investigation. When you are, make sure you look at everyone’s words and actions, not just the alleged harasser’s. It’s especially important to get a complete picture if you sense that the employee who came forward with the complaint was actively participating in what she’s now alleging was sexual harassment …

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A little-noticed amendment to New York’s Labor Law imposes a new recordkeeping requirement on New York employers. We’re all familiar with the requirement that, for most types of employment, minors under age 18 must provide employers with employment certificates, commonly known as "working papers," to lawfully hold jobs …

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When employees behave rudely or in an insubordinate fashion, supervisors shouldn’t back off discipline because they fear a legal complaint. Your organization can, and should, enforce civility standards …

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A temporary suspension without pay is a one-time event, and employees can’t use it as the basis of a lawsuit years later. Those who allege such a pay loss must file a complaint promptly; they can’t argue that later consequences open the door to a lawsuit again

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