The HR Specialist: New York Employment Law

Employees who allege they have been retaliated against for engaging in some form of protected activity don’t have long to sue. If an employee works for a government agency and alleges that his First Amendment right to free speech has been violated, the lawsuit must begin within three years.

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Something to consider if you have an internal system for handling disciplinary appeals: Reversing a disciplinary action like a termination could be used against you later as proof of retaliation.

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If you are sure an employee has been misusing FMLA leave or submitting fraudulent information as part of her FMLA leave request, don’t fear punishing her.

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National home-improvement chain Lowe’s has settled charges it violated the ADA when it terminated employees after they exhausted the amount of leave the company permitted.

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Retail giant Target could face a class-action lawsuit in federal court in New York.

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The U.S. Department of Labor’s Employee Benefit Security Admin­istration has asked a federal court to appoint a fiduciary for the 401(k) plan at Astro Communications, a Bronx telecommunications firm.

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Following two years of development and debate, the U.S. Department of Labor in May released a sweeping overhaul of the regulations for paying overtime to exempt, white-collar employees.

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Most employers have little interaction with the Occupational Safety and Health Administration, the federal agency tasked with overseeing workplace safety. Unless they were one of about 36,000 employers OSHA inspected last year, most businesses, particularly smaller businesses, may have gone for many years without dealing with the agency. That is about to change.

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Carefully document each and every disciplinary action at the time it occurs, complete with details on who said what and when it happened.

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Some workers are thin-skinned and seem to think that little annoyances can add up to a discrimination or retaliation lawsuit. Fortunately, that’s not true.

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