The HR Specialist: New York Employment Law

Last November, the Occupational Safety and Health Administration was given authorization to increase its penalties by up to 82%, to account for several decades’ worth of inflation.

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This month we update New York state employers on two developments that could catch them by surprise.

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A federal court has warned a woman who has acted as her own attorney in a series of employment discrimination lawsuits that any further lawsuits will be scrutinized.

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Did a lawsuit suddenly come out of nowhere after you thought it was long dead? If so, it may be worth determining if the claim is untimely.

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A federal court has ruled that an employer cannot take a credit towards unpaid overtime for paid meal breaks.

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Class-action attorneys love the Fair Labor Standards Act because it makes it easy for them to take small individual claims for unpaid overtime and turn them into mass litigation cases. That way, a single lawyer or law firm can represent thousands of similarly situated workers.

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Employers that consistently enforce their rules fare best when they are sued over alleged discriminatory discipline.

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There’s a downside to agreeing to decide disciplinary matters in arbitration. Once you agree to have your decisions second-guessed in arbitration, don’t expect to get the arbitrator’s decision easily overturned.

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Drivers for the takeout food app GrubHub have filed a class-action lawsuit claiming the company misclassified them as independent contractors, thus paying them less than minimum wage and denying overtime pay.

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A Dunkin’ Donuts franchisee in Westchester, N.Y., will pay $150,000 to several women who were sexually harassed by a former manager.

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