Employment Law

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A recent New York Court of Appeals decision gives New York municipalities the right to discipline police officers outside of the collective bargaining framework. The decision stated that the New York State Town Law (known as the Taylor Law) governs police discipline regardless of any existing CBA.

In a potentially far-reaching decision, the National Labor Relations Board has ruled an employer must turn over confidential employee witness statements to a union as part of a grievance procedure.
Supervisors in your organization probably know it’s illegal to discriminate based on race, age, sex, religion or disability. But apparently far fewer realize those same federal laws also make it illegal to retaliate against people for voicing complaints about such discrimination.
Q. We have some paid consultants who have been working for us for two years. Are there any ramifications if we refer to these consultants as “staff” and enter them in a national database as our staff?

Legal complaints filed by employees against their employers have risen dramatically over the past decade. How well do you know the law? Take this quick quiz:

The ADA protects disabled em­­ployees from retaliation for claiming their right to accommodation and freedom from discrimination. But it’s sometimes tough to prove disability under the ADA, requiring a fairly serious medical condition.
Want to stop unfair competition from former employees? Have them acknowledge that customer lists that they may have access to are considered trade secrets and that they can’t solicit customers from those lists after leaving.
The Affordable Care Act health care reform law required employers to begin notifying employees on March 1 about the availability of state-based exchanges as an option for buying health insurance. But the DOL has temporarily rescinded the notice requirement.
Employees injured on site during breaks are entitled to workers’ compensation benefits.
Public employees who speak out on matters of public importance are engaging in protected speech. However, that protection has limits. When the “speech” is rude, offensive or threatening—and it occurs at work—the employer is free to punish the employee for the speech’s delivery (not its content).
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