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Employment Law

Misclassify an employee, chances are you’ll pay double

05/01/2007

The Fair Labor Standards Act is an unforgiving master—you’ll pay if you misclassify an employee without solid, good-faith reasons. Hourly employees that you incorrectly designate as exempt will collect more than time-and-a-half for the overtime they worked …

Lame excuses for rejecting candidates can land you in court

05/01/2007

Say the wrong thing during the hiring process, and you’ve got a lawsuit on your hands. Here are three tips to help keep supervisors’ feet out of their mouths …

Discovered new hire’s litigious background? Don’t retaliate

05/01/2007

Hired a dud who, you just found out, has a history of crying discrimination? Make sure you have solid, business-related reasons for any discipline you take. Here’s why …

Prepare to show solid business reasons for English-Only policies

05/01/2007

The EEOC has recently stepped up efforts to combat national-origin discrimination. Because the agency had concluded that speaking another primary language such as Spanish may disadvantage some employees, it’s pushing for a tight limit to when employers can enforce so-called English-only rules …

After employee files a complaint, follow up to check for retaliation

05/01/2007

Employees who come to HR with discrimination complaints may already have talked to a lawyer. They may be building a case and just waiting for someone to make a mistake. It’s your job to make sure that doesn’t happen …

Teach boss to hold his tongue; oral pacts may be binding

05/01/2007

Just because a deal is not written down, that doesn’t mean it’s not enforceable. Oral agreements can be binding contracts in New York under certain conditions, as one Tony Award-nominated theater company learned in March …

No hire/Fire responsibility? No matter. Employee can sue you personally for job bias

05/01/2007

Watch out! If you are involved—even in a small way—in any activity that leads to a discrimination claim, you may be personally liable …

Workers’ comp: Be prepared to prove that an at-Work death wasn’t work-Related

05/01/2007

If an employee dies in your workplace, take note: Under New York’s Workers’ Compensation Law, any death that occurs at work is presumed to be related to work …

Court: Sued employer can ask about some immigration matters

05/01/2007

When the EEOC sued First Wireless Group over allegations that it fired Hispanic employees who questioned pay disparities, the company got aggressive …

Morgan Stanley wins in whistle-Blower firing case

05/01/2007

Morgan Stanley won the latest round in its high-profile battle with IT employee Arthur Riel, who was fired for sharing e-mails that revealed questionable management practices at the firm …