The HR Specialist: New York Employment Law

How you look into misconduct can have huge legal implications for your company. Get the process right the first time.

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You probably have specific rules that spell out discipline for common violations. That doesn’t mean you can’t tailor the punishment to each individual situation. The key is to document the details that justify why one employee who broke a rule was punished more harshly than someone else who broke the same rule.

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In a sudden reversal, New York-based Saks Fifth Avenue has elected to settle a sex discrimination complaint filed by a transgender employee at the company’s store in Houston.

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A new decision by the U.S. Supreme Court has upped the fiduciary ante for employers that offer defined contribution retirement plans.

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Courts often reward employers for offering second chances to employees who might otherwise be fired.

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Rest easy: As long as you take appropriate action to stop racially charged comments, the first one won’t land you in court. The key is to take every complaint seriously and immediately investigate any complaints. Then discipline the person who made the comments and warn against further comments.

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Employees who take protected FMLA leave are entitled to reinstatement to the same or a substantially similar job once cleared for work after their leave is over. Reducing the employee’s hours on return could be seen as interference with FMLA rights.

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The New York Police Department will pay a female officer $110,000 to settle charges a superior officer harassed her and then retaliated when she refused his advances.

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If, after FMLA leave, an employee asks for more time off or to work from home, handle the request just like you would another disabled employee’s reasonable accommodation request. Verify the disability and discuss possible accommodations before you reject the request. Otherwise, a jury may hold you liable.

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Two participants in Merrill Lynch’s management development program are suing the firm, alleging they were not paid for overtime they worked during the intensive training period.

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