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Employment Law

Try out accommodation, rescind it if necessary

08/06/2009

Disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. If those accommodations turn out to be unreasonable—that is, they prove to be an undue burden on the employer—then they can be withdrawn. What it means: There’s no harm in trying an accommodation.

Court: We won’t micromanage hiring decisions

08/06/2009

The 2nd Circuit Court of Appeals has ruled that an employee who was passed over for a promotion can’t later use the poor performance of the person who got the job to prove the decision was discriminatory. The case shows that courts are willing to let employers make mistakes; they won’t micromanage hiring and promotion decisions.

NYC car washers clean up with $4.7 million in OT settlements

08/06/2009

The parent corporation of several New York City area car washes has agreed to settle overtime claims from 1,187 current and former employees for $3.4 million. Coupled with a previous settlement with 200 workers for more than $1.3 million, Lage Management has paid out more than $4.7 million in back pay and liquidated damages.

When talk turns to sex, watch out for harassment claims from unexpected victims

08/06/2009

If bosses question employees about sexual relationships, you could wind up facing a sexual harassment complaint. And it may not be a simple case of quid pro quo harassment, but rather a hard-to-defend hostile environment claim.

Don’t think a successful workers’ comp case lets you off the ADA accommodation hook

08/06/2009

Employees who are disabled after an injury on the job often apply for workers’ compensation. Receiving those benefits, however, isn’t a bar to asserting ADA and state disability claims, as a federal court hearing a New York case recently concluded.

Hiring independent contractor? Be prepared to document that he’s not an employee

08/06/2009

A recent federal court decision means you’ll now have to go the extra mile to prove that your worker is an independent contractor, not an employee. Advice: Take steps to document exactly why you believe someone is an independent contractor when you begin using his or her services.

Cross one group off the list of those protected by federal discrimination law

08/06/2009

Occasionally, employees (and their lawyers) get more creative than usual when it comes to claiming how they suffered discrimination. Take the following case in which an employee claimed he was being harassed because some co-workers believed all people of his nationality are gay.

Arbitration policy allows opt-out? Track forms carefully

08/06/2009
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Reorganizing? Prepare to give reason for each termination

08/06/2009

If you have to terminate employees during a reorganization, you can expect some of them to sue you. If that happens, don’t assume the court will blithely accept a general reorg as the reason why a particular employee lost her job. Be ready with a specific explanation why you terminated each one.

Brooklyn complex settles disability bias case

08/06/2009

Managers of the massive federally funded Starrett City housing complex in Brooklyn have settled with the EEOC, bringing a halt to a lawsuit that accused the management company of disability discrimination after it allegedly failed to promote an employee because he suffers from attention deficit disorder.