Not long ago, the U.S. Supreme Court made it harder for employees to prove retaliation under Title VII anti-discrimination provisions. Under the New York City Human Rights Law, employees need only prove retaliation was an important motive in an adverse employment decision, not the only one.
Some very small employers are truly so tiny that they’re not covered by Fair Labor Standards Act overtime rules.
Sometimes, supervisors say stupid things. How you respond may mean the difference between winning or losing a lawsuit based on those comments.
A midtown-Manhattan bar faces charges it forced waitresses to kiss one another and wrestle in cranberry sauce while patrons took pictures and videos.
A young man who volunteered at a school in hopes of building his résumé is not an employee as defined in the Fair Labor Standards Act according to the 2nd Circuit Court of Appeals.
Here’s something to consider when you decide to add an arbitration clause to applications and require employees sign them as a condition of employment: You may end up forcing the employee into arbitration, but still become embroiled in other related litigation.
Even a small gender-based pay differential may become the foundation of a class-action lawsuit.
Sometimes, like life, supervisors are unfair. But unless there’s some other problem, being treated unfairly isn’t grounds for a lawsuit. Employees have to show that something illegal motivated the unfairness, such as racial or gender bias. Just saying that was the reason isn’t enough, either.
Some employers mistakenly think that if they terminate an employee who isn’t yet eligible for FMLA leave, the employee can’t sue. While you may not be violating the FMLA, you may violate other laws that protect the worker.
Sometimes, employees complain about racial harassment but don’t sue right away. Don’t think the problem will go away just because no one has filed an EEOC complaint.