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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

Warn bosses: No retaliation for complaining

by The HR Specialist: New York Employment Law on May 22, 2011 1:00am

in Discrimination and Harassment, Employment Law, HR Management

Some supervisors can’t or won’t refrain from finding ways to punish employees who complain about alleged harassment or discrimination. That’s why it’s important for someone in HR to follow up on every complaint—even if it turns out to be unfounded—and ask whether there’s been any retaliation.

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Don’t grant unlimited leave as ADA accommodation

by The HR Specialist: New York Employment Law on May 22, 2011 1:00am

in Discrimination and Harassment, Employment Law, FMLA Guidelines

Employees who use up their FMLA leave may still be entitled to more time off when that leave expires. Some additional time off can be a legitimate reasonable accommodation under the ADA. But if the employee still can’t return after additional leave, it may be time to discuss termination.

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New wage order means pay changes for hospitality employers

by The HR Specialist: New York Employment Law on May 22, 2011 1:00am

in Compensation and Benefits

New York employers in the hotel and restaurant industry have a new pay rule to work with, changing how tip income is handled and tweaking other details that affect how much pay workers take home.

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Employees’ pockets picked while being frisked?

by The HR Specialist: New York Employment Law on May 22, 2011 1:00am

in Human Resources

Employees at Century 21 Department Stores in New York City and Long Island undergo searches every time they leave the store for breaks and at the end of the day. They say the process sometimes takes 15 minutes or longer. The problem: Century 21 makes them clock out first. Employees say that violates the FLSA.

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Make sure employee handbook supports compliance with leave laws

by The HR Specialist: New York Employment Law on May 18, 2011 11:00am

in Employment Law, FMLA Guidelines, Maternity Leave Laws

Employers are generally free to develop their own internal policies, but many laws require employers to notify employees of those policies. Consider the case of Jones v. City of Atlantic City in which an FMLA dispute revealed that Atlantic City hadn’t updated its handbook in 13 years. In fact, the last update happened two months before the FMLA was signed into law.

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Supreme Court expands retaliation prohibitions

by The HR Specialist: New York Employment Law on April 19, 2011 5:00pm

in Discrimination and Harassment, Employment Law, Human Resources, Leaders & Managers, Performance Reviews

Employers everywhere must be extra cautious about discipline that could be construed as retaliation now that the U.S. Supreme Court has unanimously affirmed that the fiancé of a woman who filed an EEOC discrimination complaint was protected from retaliation by their mutual employer.

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You never know what you’ll learn: Before making firing decision, let employee talk

by The HR Specialist: New York Employment Law on April 17, 2011 1:00am

in Firing, Human Resources

Sometimes, it’s useful to ask for an employee to comment on allegations that could lead to his discharge. For example, in the following case, the employer was about to fire a worker for omitting prior employment from his job application. Before doing so, the employer directly asked if that had, in fact, happened.

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Be prepared to justify newcomer’s higher pay

by The HR Specialist: New York Employment Law on April 17, 2011 1:00am

in Compensation and Benefits, HR Management, Human Resources, Leaders & Managers, Management Training, Maternity Leave Laws, Performance Reviews

Employers that pay new hires more than employees with the same or similar experience should be prepared to prove why they needed to sweeten the pot. Otherwise, they risk an Equal Pay Act lawsuit if it just so happens the hire is of the opposite sex as an incumbent.

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Protect against retaliation suits by conducting independent and ‘blind’ internal investigations

by The HR Specialist: New York Employment Law on April 17, 2011 1:00am

in Discrimination and Harassment, Employment Law, Hiring, HR Management, Human Resources, Leaders & Managers, Management Training

Employers can’t punish employees for complaining about alleged discrimination or harassment. That’s true even if the complaint doesn’t pan out, as long as the employees complained in good faith. But judges don’t want employees to use the threat of a retaliation lawsuit as a way to circumvent fair discipline, either. There’s a way for employers to get judges on their side.

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NYC bakery workers get dough as part of DOL wage settlement

by The HR Specialist: New York Employment Law on April 17, 2011 1:00am

in Compensation and Benefits, Employment Law, Human Resources

A Manhattan bakery will fork over $436,000 in back pay, interest and liquidated damages to 27 employees as part of the resolution of a U.S. Department of Labor wage-and-hour lawsuit.

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