The HR Specialist: New York Employment Law

When entertainment venues sell prepaid tickets, these often include a “service charge.” If the business tells inquiring buyers that the service charge is a tip, and therefore discourages them from leaving additional money, the business can’t keep the money. It doesn’t matter whether the service charge is voluntary or mandatory …

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Victory wasn’t so sweet for thousands of employees who sued Armonk-based IBM claiming the company had illegally classified them as exempt. IBM agreed to reclassify them, making them eligible for overtime pay. The catch? The company cut their salaries by 15% …

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A strike by workers at five American Axle and Manufacturing Holdings (AAM) plants in New York and Michigan led to temporary closures at more than a dozen General Motors plants in February and March …

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Sometimes, despite uncertainty about whether or not discrimination has occurred, you still may have to fire an employee. But what if you turn out to be wrong? Will that mean a huge punitive damages award? Not if you can show that before the decision was made, you consulted an attorney. That’s right: Calling in the lawyers is the best insurance—if you do it right …

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Not every mental or physical condition is a disability under the ADA. Consider claustrophobia. Though the condition, which involves the inability to remain in a confined space such as an elevator, may be a legitimate psychiatric condition, it does not necessarily prevent those who suffer from it from living a relatively normal life …

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You probably have had people who claim they are disabled apply for open positions with your organization. How you handle each application can have a great impact: If you handle them incorrectly, you’re asking for a lawsuit. That’s why it’s crucial for HR to monitor what happens to each employment application …

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It’s hard to prove discrimination, but much easier to prove retaliation. That’s a lesson more and more employers are learning the hard way. The fact is, anything negative you do to an employee who has complained about alleged discrimination may amount to retaliation …

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A California District Court has given preliminary approval to a proposed $16 million settlement by Manhattan financial firm Morgan Stanley with a group of black and Latino financial advisors in its global wealth-management group …

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The fireworks are apparently over in the battle between Judith Regan, former president of ReganBooks, and parent company News Corporation. Regan and News Corporation reached an undisclosed settlement of her $100 million lawsuit in January …

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Eugene Gates Jr. had worked in a Charlotte, N.C., grocery store for nearly 40 years when it was purchased by Compare Foods, based in Freeport, N.Y. Shortly after the buyout, Compare cut his hours in half and gave his shifts to a young Hispanic worker …

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