The HR Specialist: New York Employment Law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Page 100
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The HR Specialist: New York Employment Law

Employees often don’t think about suing until after they have quit their jobs and moved on. Then they claim they had no choice but to quit because working conditions were so dreadful. Beat such allegations by keeping resignation letters and any notes taken during exit interviews. They help prove the resignation was voluntary.

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A federal trial court has concluded that coming to work is an essential function of one’s job. Therefore, the ADA doesn’t cover disabled employees who can’t meet that basic requirement.

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New York employers found to have discriminated against employees can be assessed fines up to $50,000 under new terms of the New York Human Rights Law. If a court finds employment discrimination to have been willful, the fines—payable to the state—may be as high as $100,000.

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You need a zero-tolerance policy banning all comments about race or ethnicity. It doesn’t matter whether the race being singled out is a majority or a minority race. The act of harassing someone because of his race is illegal either way. It also doesn’t add one bit to workplace harmony or the bottom line.

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Evelyn Coke, the Queens home health care aide who took her fight against U.S. Department of Labor overtime regulations all the way to the Supreme Court, has died at age 74.

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The EEOC has finally issued 93 pages of proposed regulations explaining how employers should implement the ADA Amendments Act (ADAAA), which took effect on Jan. 1. The ADAAA expands the definition of “disability,” allowing many employees to be protected under the ADA for the first time.

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Employees who suffer from chronic conditions may have to see their doctors regularly. Under the FMLA, if those employees give you 30 days’ notice, they’re allowed to pick the day for their appointment. You can’t simply argue that they don’t need to take off that particular day because there is no emergency or urgency.

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Employees who engage in some form of protected activity—such as filing an EEOC complaint, participating in a discrimination case or complaining about possible discrimination to the company—are protected from retaliation for doing so. But often employees who complain about one thing end up suing on entirely different grounds …

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Courts traditionally have been lenient with plaintiffs who represent themselves, giving them every benefit of the doubt. As this case shows, that seems to be changing.

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Sometimes, it may seem like a good idea to simply settle a case and move on—especially if the case is taking up lots of time. Before you agree to a settlement amount, consider whether you really want the employee to stay with your organization.

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