If New York employers want to shorten the time frame in which former employees can file lawsuits, they can do so by including a clause to that effect in their employment applications. However, that may apply only to New York state claims, not federal ones.
There are no magic words an employee has to utter in order to engage in protected activity. As long as what he says would lead a reasonable person to conclude he’s complaining about some form of discrimination, he has protection from retaliation.
Do you have an employee who’s threatening to sue if you discipline him? Don’t let that prevent legitimate discipline.
A school guidance counselor is suing the New York City Department of Education after she was fired after some long-ago photos of her modeling lingerie surfaced on the Internet. Her lawsuit claims discrimination and wrongful termination.
Back in June, the New York Senate and State Assembly passed an amendment to New York’s wage deduction statute, New York Labor Law Section 193. The amendment—effective Nov. 6, 2012—permits New York employers to make a wider range of payroll deductions than in the past, but also imposes several new deduction-related requirements.
Some employees who are quick to anger may not have the interpersonal skills needed for a promotion, even if they are technically qualified to do the job. If you choose not to promote a hothead, few courts will second-guess your decision …
The New York Supreme Court has ruled that exotic dancing is not an art form and that, therefore, strip clubs are subject to the state sales tax.
Many employers have social media policies that attempt to control what employees say on social media. Policies that overreach may violate the NLRA. In response, the NLRB has issued a memorandum summarizing key points in its recent decisions concerning social media.
When an employee complains about sexual harassment, protect yourself against a later retaliation lawsuit by following up with her. Your goal: To get her on record as experiencing no backlash, thus making it harder to sue for retaliation.
A supervisor can’t successfully sue for discrimination merely because management fails to back up his decision to discipline a subordinate. The supervisor must prove that management didn’t support his decision because of his membership in a protected class.