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...
A temporary suspension without pay is a one-time event, and employees can’t use it as the basis of a lawsuit years later. Those who allege such a pay loss must file a complaint promptly; they can’t argue that later consequences open the door to a lawsuit again …
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When employees behave rudely or in an insubordinate fashion, supervisors shouldn’t back off discipline because they fear a legal complaint. Your organization can, and should, enforce civility standards …
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Employers should never look the other way if they know about a supervisor’s harassing behavior. Investigate every complaint and promptly discipline harassers …
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Glenville locomotive manufacturer Super Steel Inc. settled a lawsuit by black workers who alleged racial discrimination by employees and supervisors. The lawsuit sought $175 million but the settlement amount was not specified …
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JPMorgan recently settled a pair of expensive disability discrimination suits …
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Americans are a well-fed bunch, as statistics show, and now many overweight employees cite their extra baggage as a legally protected “disability.” The good news: Employees carry a heavy burden of proof, especially in the 2nd Circuit …
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Nonprofits and employers in highly competitive fields often use volunteers to ease labor budgets and try out employees “before they buy.” But unless you structure those situations just right, you’re likely to run afoul of the Fair Labor Standards Act and the New York Minimum Wage Act …
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Good news for New York employers: A new federal court decision says that you don’t have to comply with stricter anti-discrimination laws in an employee’s home state if the person works in New York …
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When an employee requests a work accommodation for a claimed disability, the ADA requires you to explore possible solutions with the worker. While you shouldn’t put off those discussions, first make sure the employee meets the ADA definition of “disabled,” thus entitling him or her to accommodation …
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HR professionals beware: Foul-mouthed managers are trouble, and the best policy is zero tolerance …
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