EMPLOYMENT LAW

3 key questions about the ADA and substance abuse

01/12/2017
When you suspect that an employee has a drug or alcohol abuse problem that is affecting job performance, be careful not to mishandle the situation.

Trend watch: Could contractors get benefits?

01/12/2017
The state of New York may be about to consider legislation that would create a system of “portable” benefits that would give independent contractors some of the advantages employees have.

Puzder hearings postponed

01/12/2017
Hearings to confirm fast-food executive Andrew Puzder as the Trump administration’s Secretary of Labor may not occur until February.

Granting religious accommodations, preventing bias claims

01/11/2017
An employer may face litigation either for failing to promptly respond to a discrimination claim or for overreacting to one.

NY labor law 2017: Exempt salaries, past pay, police liability

01/11/2017
This month brings timely reminders for busy employers that may have missed important new announcements.

Nursing homes misclassified staff, owe $2M in back pay

01/11/2017
Grand Healthcare System, headquartered in Queens, will pay $2,006,796  to 844 employees in five locations after the company improperly classified the employees as exempt from the Fair Labor Standards Act.

Banquet hall dishes more than $300K in back pay, penalties

01/11/2017
An Indian restaurant and banquet hall in Garden City, N.Y., will pay $285,800 in back wages and liquidated damages to 24 workers to resolve allegations it violated the Fair Labor Standards Act.

United Nations is immune from Title VII

01/11/2017
In a decision sought by the United States government, the Secretary General of the United Nations has been found immune from lawsuits over employment discrimination.

Equal discipline key to survive sex bias claims

01/11/2017
Employers rarely lose sex discrimination lawsuits if they can show that everyone who broke the same rule received the same punishment.

Employee representing herself? Document all parts of settlement process

01/11/2017
Carefully document the settlement process. Be able to prove you suggested having the employee ask a real attorney to review the proposed settlement.

Actions that make employees feel bad aren't necessarily 'adverse' under the law

01/11/2017
Employees who claim their employers discriminated against them must show that the alleged action was “adverse,” not merely uncomfortable, inconvenient or even unfair.

Court: Participation in training doesn't establish pay for EPA purposes

01/11/2017
Participating in a training program doesn’t mean an employee can win an Equal Pay Act claim by arguing some participants—who essentially undergo very similar training—are paid more for comparable work.

Buffalo gas stations to pump $84K into employees' pockets

01/11/2017
The owner of three Buffalo area gas stations will pay $84,000 in back pay to 41 employees.

Never tolerate talk of sexual violence

01/10/2017
If anyone—a rank-and-file employee, a supervisor or even the CEO—makes comments suggesting sexual harassment or the possibility of sexual assault, crack down quickly.

DOL lawsuit would force Google to release compensation data

01/10/2017
The U.S. Department of Labor has filed a lawsuit to require Google to provide pay data and documents relating to employees working at the company’s California headquarters.
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