The HR Specialist: New York Employment Law, Author at Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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The HR Specialist: New York Employment Law

Former employees who sue over their discharge sometimes try to use their employers’ shifting explanations for the termination as evidence that they were fired for discriminatory reasons.

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What you designate as essential functions in a job description can make all the difference when faced with an employee who is demanding reasonable accommodations for a disability.

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The New York City Council has amended the city’s Fair Workweek Law to allow employees to make temporary changes to their work schedules for “personal events.”

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A new ruling by the National Labor Relations Board has defined a joint employer as one that exercises “direct and immediate” control over worker activities. For employers, that’s a welcome return to normal after two years of uncertainty.

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Cities and municipalities continue to pass new laws affecting how employers manage their workforces. Here is a look at the new NYC “safe time” leave law and Albany County’s new rules on interview questions.

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It’s not easy to have a lawsuit dismissed just because an employee tries to represent herself in court. Judges often seek to even the playing field by giving second or even third chances to those pro se litigants so they can get their arguments straight—and maybe even to encourage them to hire a lawyer.

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Judges would just as soon leave workplace management to the professionals paid to manage workplaces. Rest assured, they don’t want to wade into matters of petty incivility unless a case is particularly egregious.

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Document all employment decisions with objective factual information. It’s the best way to win lawsuits filed by employees who believe they have suffered discrimination but can’t provide any specifics to back up their allegations. In court, facts almost always triumph over feelings.

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Employers aren’t expected to create perfectly harmonious workplaces. However, they do have an obligation to use their best efforts to intervene when co-workers harass someone on the basis of protected characteristics.

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Supervisors must be careful about how they handle discussions about employee disabilities. Comments the boss considers innocuous might feel very different to a disabled worker, and that can lead to needless litigation.

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In order to get past the first stage of a discrimination lawsuit, a worker has to present at least a prima facie case showing that something discriminatory may have occurred.

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Employees sometimes think telling their boss they’re eager to advance is the same as applying for a promotion. It’s not. They will have a hard time winning a failure-to-hire lawsuit if the employer has a formal application process.

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Employers in New York will be subject to new “call-in” pay and scheduling requirements under recently proposed state regulations. The issue is “just-in-time” or “on-demand” scheduling of workers.

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An employee who was fired for reporting improper asbestos removal procedures at a Gloverville, N.Y. school worksite in 2010 has been awarded $173,794 in damages.

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American Airlines, along with its subsidiary Envoy Air, has settled a class-action disability discrimination suit for $9.8 million.

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A clothing distributor in Manhattan’s Garment District has agreed to pay a former employee $50,000 to settle charges it discriminated against her because of her pregnancy.

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Employees who sue for wage discrimination under the Equal Pay Act have a tough burden of proof to meet.

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Appeals can be time consuming and expensive, adding huge costs to defending against what might seem, on their face, to be frivolous allegations. One federal court has now said enough is enough.

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When an employer responds to a complaint with an investigation and almost immediately fixes the problem, the lawsuit probably won’t go far.

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Leave is just as valuable as wages to many employees. That’s why it’s essential to administer leave benefits fairly and equitably.

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