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Articles by The HR Specialist: New York Employment Law
Employee interpretations of state laws are leading to sky-high numbers of lawsuits in the Empire State. Aggressive attorneys don’t stop with federal laws like FMLA, ADA and FLSA: they use state and local living-wage statutes, rural codes, plus discrimination and other laws to sue employers for sky’s-the-limit damages. This New York-specific newsletter arrives monthly to help sue-proof every aspect of HR. Written in plain English, it’s your insurance policy for staying in step with current interpretations of state and local laws – and staying out of court. Learn more about HR Specialist: New York Employment Law and the free report you’ll get when you subscribe...
The HR Specialist: New York Employment Law
Is a male employee complaining about behavior you would clearly see as sexual harassment if the employee were a woman? If so, do something about it.
Lady Gaga’s former personal assistant wants the flamboyant performer and cultural phenomenon to cough up another $400,000 in back overtime pay. Claiming she was on call 24/7, the assistant’s lawsuit says she should have been paid overtime for 128 hours per week in addition to her $75,000 a year salary.
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The Office of Federal Contract Compliance Programs has issued new guidance about how and when federal contractors may use a job applicant’s criminal background in the hiring process.
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Eighteen states and the District of Columbia have laws protecting the unemployed from discrimination. The EEOC has investigated bias against the unemployed and warns employers they could face disparate-impact discrimination lawsuits if screening out the unemployed hurts women and minorities more than other groups.
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When the owner of Windswept Environmental Group died in November 2008, he left behind more than a business. The Bay Shore company’s 401(k) retirement plan was orphaned, too, since the owner was the plan’s only fiduciary. Now the DOL has asked a court to appoint a fiduciary for the plan.
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The 2nd Circuit Court of Appeals has sensibly ruled that the existence of rival professional groups can’t be used to prove that workplace discrimination exists. Had the decision gone the other way, public employers likely would have seen a proliferation of special-interest employee associations.
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Do you have a difficult employee who always has a ready excuse for poor performance? If he’s also demanding religious accommodations, don’t get sucked into litigation over alleged religious discrimination.
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An employee who works in outrageous conditions can sometimes quit, claiming she had no choice, and then sue for her “discharge.” However, most of those suits don’t get very far.
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A chain of three Long Island Asian restaurants will pay more than $1 million in back wages and penalties to 255 current and former employees who were underpaid.
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A federal court recently decided to strictly enforce filing deadlines for employment discrimination claims instead of extending them for employees electing to represent themselves. It’s a step toward limiting late claims.
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