Employment Law

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Here’s a warning for supervisors and managers. When transferring an employee to another position, make sure you don’t make promises that create an employment contract. Such promises, under New York state contract law, don’t necessarily have to be in writing. Fortunately, they do have to be specific.
On July 22, Gov. Andrew Cuomo signed a bill that amends the New York Human Rights Law by adding a new Section 296-c titled, “Unlawful discriminatory practices relating to interns.”
Does standing in line count as work? That was at the core of the Justice’s questions on Oct. 7 as the U.S. Supreme Court heard oral arguments in Integrity Staffing Solutions v. Busk (No. 13-433, U.S. Supreme Court, 2014).
Here’s a warning for employers facing litigation: Don’t wait to check whether the employee filed EEOC or other administrative claims on time. Raise the issue early.
When the EEOC issues a so-called “right to sue” letter, the recipient has just 90 days to file a federal lawsuit. But courts are increasingly reluctant to dismiss cases filed within a few days of the deadline.
OSHA has issued a final rule that goes into effect Jan. 1. Now is the time to train for it.

If your workplace seems as politically divided as the country, and the atmosphere is getting nasty, it’s time for you to step in. But will you be trampling on employees’ First Amendment rights if you ban all political talk?

If your company is classified as a motor carrier, don’t expect the Federal Aviation Administration Authorization Act of 1994 (FAAAA) to protect you from misclassification claims. That’s the lesson learned by one motor carrier after a recent Cali­­for­­nia Supreme Court decision.
With great fanfare, Minnesota’s new Women’s Economic Secu­­rity Act was signed into law on Mother’s Day in May 2014. WESA is aimed at closing the gender gap by breaking down barriers to economic progress for women. It creates a number of new legal requirements and amends various existing laws.

Not long ago, the U.S. Supreme Court made it harder for em­­ployees to prove retaliation under Title VII anti-discrimination provisions. Under the New York City Human Rights Law, employees need only prove retaliation was an important motive in an adverse employment decision, not the only one.

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