EMPLOYMENT LAW

Uber skids into sexual harassment ditch

06/22/2017
Since February, ride-hailing colossus Uber has been roiled by accusations that its corporate culture condones rampant sexual harassment. The $70 billion company’s missteps since then have more closely resembled a train wreck than a safe and smooth ride home.

DOJ reverses course, will argue in favor of class-action waivers

06/20/2017
In a move not seen in more than 35 years, the U.S. Department of Justice is switching sides in an upcoming Supreme Court case. The DOJ announced June 16 that it would no longer argue the employees’ case in NLRB v. Murphy Oil, backing management instead.

New York City labor update: Pay history, written contracts

06/19/2017
If you have employees in New York City, be aware of two new laws affecting your operations there. The first new law bars you from asking applicants about their prior compensation history. The second requires you to provide contract workers with a written agreement.

EEOC sends Brooklyn educator back to school on sex bias

06/19/2017
The chief executive officer of Special Education Associates, a Brooklyn provider of education services for developmentally delayed pre-school children, cost the firm $57,000 for his attempt to woo a job applicant.

Queens contractor agrees to pay back wages, overtime

06/19/2017
Design Development NYC, a general contractor in Queens, has agreed to pay $726,989 in back wages, overtime and liquidated damages to 184 employees who had been misclassified in violation of the Fair Labor Standards Act.

Document that you held anti-harassment training

06/19/2017
It’s easier to defeat sexual harassment lawsuits if you have a robust anti-harassment policy and let employees know exactly how to use it. The key is to prove that the worker knew about the policy but failed to use it.

It's simple: No comments ever about employee's religion or religious practices

06/19/2017
The 2nd Circuit Court of Appeals has reinstated a lawsuit against a bank based on a manager’s frequent comments to a Muslim employee that she should remove her hijab.

'Economic reality' decides who's an independent contractor, who's an employee

06/19/2017
The more factors that show the workers are indeed in business for themselves, the more likely they should not be classified as employees, but as independent contractors instead.

Big bucks for harassment, plus attorneys' fees

06/19/2017
A New York State appeals court has concluded that a state trooper who suffered sexual harassment over a period of almost 15 years is entitled to more than just the usual damages. Her attorneys’ fees will be paid separately, leaving the jury award intact for the trooper alone.

English-only rule must have legit business purpose

06/15/2017
Two cashiers at a Forever 21 retail store in California were allegedly forbidden to speak Spanish at work and then threatened with termination for filing a discrimination complaint.

Yank a job offer due to pregnancy? That'll be $100k

06/15/2017
A woman who was offered an insurance job asked about maternity benefits because she was pregnant. Minutes later, she received an email revoking the offer.

Sticky notes = sticky problem: Keep ageist opinions off applications

06/15/2017
By now, managers and HR reps probably know to avoid writing anything on applications or résumés that could be interpreted as discriminatory based on race, sex, religion, age or disability. It’s also unwise to attach sticky notes that imply bias.

Make sure employees know you're monitoring

06/15/2017
Few HR pros relish the thought of playing Big Brother. However, safeguarding sensitive data relies on being able to monitor employees’ use of your computer systems. In turn, you have an obligation to notify employees that you are watching what they read, write, download and upload.

Never assume pregnant employee can't work

06/15/2017
Here’s an important reminder to pass along to your organization’s supervisors: While pregnant employees who experience complications may be temporarily disabled and entitled to reasonable accommodations, never assume an employee has limitations just because she is pregnant.

KKK hoods lead to settlement in Houston retaliation case

06/13/2017
Downhole Technologies in Houston will pay $120,000 to settle charges it retaliated against a black employee after he complained of harassment.
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