The HR Specialist: New York Employment Law

Employers can prevent an employee who receives an FLSA settlement from badmouthing them by including a nondisparagement clause in the settlement agreement.

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The EEOC has updated its enforcement guidance on retaliation for the first time since 1998.

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An employee who claimed he was singled out and discriminated against because he did not speak a particular language has lost his discrimination case.

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Every once in a while, a disability accommodation arises that is so simple to implement that it’s a no-brainer to grant it.

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Do you automatically terminate employees who aren’t ready to return to work after using up their FMLA leave? That may be okay under the FMLA.

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Employees who claim they were fired for taking FMLA leave must show that taking leave was the sole reason they were fired—what’s known as the “but-for” cause.

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Do you have an angry, dissatisfied employee that no supervisor seems capable of making happy? Then document any behavior that demonstrates the employee is difficult or insubordinate and discipline accordingly.

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Lest there be any doubt that employers are ultimately responsible for keeping confidential information under wraps, consider the case of the University of Rochester Medical Center. It is now paying for a security breach that was entirely preventable.

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Some terminated employees think that all they need to do to build a winning lawsuit is recall an offensive comment a supervisor once made. That’s not usually true.

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It’s fine to offer an early retirement buyout. It’s a very bad idea to say that, if not enough older workers accept the offer, they might be fired.

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