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Employment Law

Only business need can justify English-Only rules

10/01/2007

Employers that want to limit the use of languages other than English in the workplace take note: Your language restrictions must be reasonable and based on genuine business needs. A simple company preference for English isn’t good enough …

OWBPA doesn’t cancel out courthouse-Step settlements

10/01/2007

The federal Older Workers Benefit Protection Act (OWBPA) requires employers to give older workers at least 21 days to consider the offer if any termination or severance-pay agreement asks them to give up their right to sue for age discrimination. But fortunately, once the case is in court, there’s no waiting period …

Remind supervisors: No temper tantrums allowed

10/01/2007

One of the quickest ways to turn an annoying—but perhaps unfounded—discrimination complaint into a winning lawsuit is to react inappropriately. That’s why it’s critically important for HR professionals to remind managers and supervisors: Don’t comment on pending complaints! Plus, remind them that venting in front of employees can backfire …

Despite contract, union members can sue directly

10/01/2007

If you think you can prevent employees from suing you directly by negotiating a union contract specifying that all employment disputes go to arbitration, think again. Even if the collective-bargaining agreement specifies that every employment-law dispute will be arbitrated, your employees still can go to state or federal court with their claims …

NYSHRL allows individual liability claims for ‘Conspiracy to retaliate’

10/01/2007

There’s a new concern for managers and supervisors in New York state. Those who give out bad references or otherwise bad-mouth a former employee who claimed discrimination can be held personally liable for a conspiracy to retaliate …

‘Aiding and abetting’ discrimination can include giving false reasons for discharge

10/01/2007

New York state law provides personal liability for workplace discrimination. Employees who aid and abet their employers in discriminatory acts may be sued personally and can lose their assets. But exactly what acts constitute “aiding and abetting”? …

Geeks in trench coats? L.I. firm alleges software spying

10/01/2007

CA Inc., a software company in Islandia, has filed a $200 million lawsuit against rival Rocket Software of Newton, MA, alleging Rocket stole computer source codes and other trade secrets from CA and used the information to develop almost identical products …

Restaurants shell out $1 million in unpaid wages

10/01/2007

Five Long Island eateries will pay $966,000 in back wages to busboys, counter personnel, dishwashers and cooks to settle a U.S. Labor Department lawsuit. The wages cover two years in which the employees, mostly Hispanic immigrants, worked up to 60 hours per week without overtime compensation …

Lewd boss induces $2.5 million panic attack

10/01/2007

A woman from Queens is suing her boss and their employer for $2.5 million, claiming she began suffering panic attacks after the boss handed her 15 photos of himself stark naked …

At Novartis, nursery rhymes are in, motherhood out

10/01/2007

That’s what a dozen female Novartis employees, recently granted class-action certification in Manhattan federal court, will try to prove in their gender discrimination suit against the Maalox maker …