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Employment Law

Where should we hold our upcoming collective-bargaining sessions?

01/09/2009

Q. Our company is heading into union contract negotiations early this year, and I have been asked to organize the bargaining sessions. I know in the past we have bargained at a local hotel, but we always get stuck with the bill. Does the company have to pay for hotel conference rooms and the refreshments? This cost adds up over a period of weeks. What are the realistic options?

What are the new rules on observation of DOT-mandated drug and alcohol tests?

01/09/2009

Q. Is it true that someone now has to watch my employees give urine specimens as part of DOT drug and alcohol testing?

Prepare to comply with two new employment laws

01/09/2009

Beginning Feb. 1, New York employers must comply with two important new state employment laws affecting notification of impending layoffs and the conduct of criminal background checks.

No anguish needed to show hostile environment

01/09/2009

Some employers assume that for a hostile environment claim to have merit, the victim must practically have a nervous breakdown. Not so. A strong-willed employee may be able to tolerate a barrage of abuse in good spirits, but may still have a hostile work environment claim.

$1.3 million discrimination judgment against Spitzer senior

01/09/2009

A Bronx jury has ordered Bernard Spitzer, father of former Gov. Eliot Spitzer, to pay more than $1.3 million to four former employees to settle racial discrimination charges.

Don’t cave to telecommuting request if it won’t allow disabled employee to do job

01/09/2009

Sometimes, employees suggest telecommuting as an accommodation if they have temporary disabilities. Telecommuting may be possible for some kinds of jobs. But in other cases, the job itself may make telecommuting impossible.

Employee requests transfer? Get it in writing to avoid later false claims

01/09/2009

Sometimes, employees with disabilities don’t choose to let their employers know. If such an employee needs an accommodation such as a transfer to a less stressful position, she may make the request but never explain why. Then, when she is turned down, she may sue and allege she said she needed the transfer because of her disability.

When applicant has more experience, be prepared to justify hiring someone else

01/09/2009

You don’t always have to promote the best educated or most experienced employee—but you must at least have a good explanation why you chose another candidate.

Green light on class actions for employees willing to gamble

01/09/2009

Employees can file class-action lawsuits on behalf of all similarly situated employees to recover unpaid overtime and other unpaid wages—if they are willing to give up their statutory rights to penalties and liquidated damages under New York State labor laws.

Control, payroll big factors in who pays for injury

01/09/2009

Sometimes, employees of one company may end up temporarily doing work for another company. If they are injured during the course of that work, who picks up the tab? Generally, the employer that carries the employee on the payroll and that controls the way the work is done.