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...
Employees who realize their jobs are in peril sometimes think pulling out the “lawsuit card” will save them. They’ll meet with an attorney, who will try to head you off with a threatened lawsuit. It sometimes succeeds because it casts the potential discharge in a sinister new light—as retaliation for threatening to sue. Here’s how to counter it and still carry through with your planned action …
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To avoid triggering retaliation lawsuits, train managers and supervisors on how to react to a complaint. First and foremost, explain that all complaints should be received professionally and without any apparent display of disappointment or emotion. Remind them: No comment allowed …
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Sooner or later, you’ll be deep in a sexual harassment investigation. When you are, make sure you look at everyone’s words and actions, not just the alleged harasser’s. It’s especially important to get a complete picture if you sense that the employee who came forward with the complaint was actively participating in what she’s now alleging was sexual harassment …
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A little-noticed amendment to New York’s Labor Law imposes a new recordkeeping requirement on New York employers. We’re all familiar with the requirement that, for most types of employment, minors under age 18 must provide employers with employment certificates, commonly known as "working papers," to lawfully hold jobs …
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A New York jury has awarded the former editor-in-chief of The Source, a hip-hop magazine, $15.5 million in damages from her sex discrimination lawsuit …
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After 23 years, New York-based Davis Vision has lost its contract to provide vision benefits to state employees …
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A former math teacher at Canisius High School in Buffalo recently filed suit against the school, alleging she was wrongly denied tenure despite her excellent reviews …
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In August 2006, Gov. George Pataki signed New York’s new Military Spouse Leave Law, which allows spouses of deployed military reservists to take up to 10 days of unpaid leave from work each year …
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Effective Jan. 1, all newly issued health insurance policies in New York must cover autism spectrum disorders. Gov. George Pataki signed the measure ordering the changes last September …
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Just because an injured employee may not be able to return to your organization doesn’t mean he or she will forever affect your workers’ comp rates or self-insured reserves. Employees who are only partially disabled due to an on-the-job injury are required to look for work within their medical restrictions while receiving comp payments …
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