Employment Law

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.

Employment Law

No anguish needed to show hostile environment

$1.3 million discrimination judgment against Spitzer senior

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

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

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

Green light on class actions for employees willing to gamble

Control, payroll big factors in who pays for injury

Family of trampled Wal-Mart worker files suit

Employee wrongly snared in e-mail scandal to receive $25,000

Greece Central School District settles age discrimination lawsuit

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