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Employment Law

Keep careful track of ADA conversations

10/01/2008

Trying to come up with a reasonable accommodation for a disabled employee? Need more information on her limitations before you can look for possible open positions that may allow her to work? Make sure someone takes charge of coordinating the process so nothing falls through the cracks …

Gristede’s finds you can’t have it both ways on FLSA

10/01/2008

A class of more than 400 current and former managers at Gristede’s grocery stores won summary judgment in federal court on claims that the New York City chain violated the FLSA by treating them as both salaried and hourly employees …

Follow basic rules for job descriptions, interviews to avoid hiring bias

10/01/2008

Want to avoid needless lawsuits from disgruntled applicants? Adopt some basic rules for handling the selection process, and pay special attention to the all-important job description and interview. As the following case shows, employers that follow some simple rules probably won’t lose a hiring discrimination lawsuit …

Remind bosses: They may be personally liable for discrimination under N.Y. law

10/01/2008

Sometimes, it takes a strong argument to get supervisors to pay attention. Want them to make absolutely sure no one is being harassed or discriminated against? Just remind bosses that turning a blind eye to workplace problems may cause them terrible legal and financial problems of their own …

Solid policy, prompt responses to bias complaints can prevent lawsuits

10/01/2008

New York state law prohibits discrimination based on actual or perceived sexual orientation. Employers can protect themselves from needless discrimination lawsuits by introducing a robust anti-discrimination policy and a clear and effective process for resolving complaints. Acting fast is the key …

Is your release broad enough to bar all lawsuits?

10/01/2008

If your employees sign releases agreeing to settle minor employment-related claims out of court, make sure the language is broad enough to actually stop any further litigation …

Critical evaluation isn’t an adverse employment action

10/01/2008

Employees who claim they have been discriminated against because of a protected characteristic such as age or disability have to show that they suffered an adverse employment action. They can’t simply point to a poor performance evaluation.

Doctor charged, sued for alleged hidden bathroom camera

10/01/2008

Five women are suing Dr. Vincent Pacienza, claiming the Long Island cardiologist used a camera hidden inside an air freshener to spy on them when they used the office bathroom …

New York employers protected by new negligent hiring law

10/01/2008

There’s good news for employers that, in good faith, hire employees with criminal records. Gov. David A. Paterson signed a new law that makes it harder to use an employee’s past criminal record as proof that an employer was negligent in hiring that employee …

Hempstead Township faces sexual harassment suit

10/01/2008

Two former employees of the Hempstead Sanitation Department have filed a sexual harassment and race discrimination lawsuit claiming their supervisor, Frank Pepe, offered perks and gifts in exchange for sexual favors …