The HR Specialist: New York Employment Law

The Fair Labor Standards Act (FLSA) requires employers to compensate employees for any time spent on the job that benefits the employer. There are, however, some exceptions. For example, if employees use their own time to study materials that will qualify them for promotions, that time generally doesn’t have to be paid …

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Former HarperCollins book publisher and celebrity biographer Judith Regan has filed a $100 million lawsuit claiming a senior executive at News Corp. in 2004 encouraged her to lie to federal investigators about her past affair with former New York City Police Commissioner Bernard Kerik …

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Free speech protections don’t apply to on-the-job speech, a U.S. District Court judge ruled, ending round one of Debbie Almontaser’s legal bid to regain her job as principal of the Khalil Gibran International Academy in Brooklyn …

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A New York City Police Department counterterrorism detective said he failed a drug test in 2005 because his wife spiked his meatballs with marijuana …

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If a victim of alleged sexual harassment waits months—or even a year or more—before complaining, you may wonder how serious her claim is. Don’t let your doubts affect how you handle the case. In fact, the best way to protect your organization is to act quickly on all harassment complaints, no matter how improbable, minor or tardy they may seem …

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Employers don’t have to allow employees to take sick or FMLA time just because they claim minor health problems. If you are certain that an illness or injury doesn’t amount to a serious health condition as defined by the FMLA, then there is no reason to run the time against FMLA or sick time …

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Employees who retire to avoid facing internal disciplinary charges can’t turn around and claim they were constructively discharged. That’s why employers might want to consider offering retirement in such cases as an option in lieu of discipline …

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If, like many employers, you maintain a sick leave bank for employees who exhaust their available leave time, remember this: You’ll risk a retaliation lawsuit if you deny the use of banked time to an employee who has filed a discrimination claim …

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A waitress has sued Cipriani restaurants and a dozen male employees, claiming they subjected her to a stream of degrading comments about women. Lastenia Amparo Torres, who works at Harry Cipriani in the Sherry-Netherland Hotel in Manhattan, said the harassment began when she joined the restaurant in 2000 and hasn’t let up since …

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Brooklyn State Supreme Court Justice Bruce Balter flatly denied the Transport Workers Union of America’s (TWU) request to resume automatic dues deductions after the union failed to renounce its right to strike …

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