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Employment Law

Independent contractor or employee? Your control over duties, schedule is the key

04/01/2007

If your organization hires temporary workers to perform specific tasks for a set fee, don’t assume you automatically can declare them as independent contractors rather than employees …

Study: N.Y. workers’ comp system is rife with employer cheating

04/01/2007

New York employers are cheating the state workers’ compensation system to the tune of $500 million to $1 billion a year, according to estimates in a Fiscal Policy Institute (FPI) study …

ShopRite facing lawsuits on disability, sex discrimination

04/01/2007

Wakefern Food Corp., owner of local ShopRite food markets, recently was hit with two employee discrimination lawsuits …

N.Y. law firm learns lesson about legal blogging

04/01/2007

It’s probably career suicide for lawyers to sue their own firms, but that’s what Aaron Charney did. And now all of cyberspace knows about it …

Another Manhattan chef stirs up a discrimination suit

04/01/2007

A former waiter at restaurant Jean Georges, located in the Trump Towers, has filed a federal lawsuit claiming the chef de cuisine and other employees harassed him after learning he was gay …

Hospital didn’t discriminate during downsizing, court rules

04/01/2007

In reversing a lower court’s decision, the New York Supreme Court recently agreed to dismiss a race- and age-discrimination lawsuit filed against New York Westchester Square Medical Center (NYWSMC) …

Can porn surfing be a ‘disability’? Lessons from the IBM case

04/01/2007

When employees use their work computers for inappropriate purposes, such as scouring the Internet for pornography, interacting with minors for sexual purposes or transmitting pornographic images, they violate the law and put their employers at risk …

RIF after FMLA leave? Possible, but proceed with caution

04/01/2007

If you terminate an employee soon after he or she has returned from FMLA leave, you open yourself to charges of retaliation …

Don’t let your lawsuit fears prevent necessary discipline

04/01/2007

It’s a dilemma faced by many HR professionals: Discipline an employee who has engaged in a “protected activity” (like union organizing), and you risk a retaliation lawsuit …

In RIFs, Show That Economics (Not Age) Drove Your Decision

04/01/2007

Age discrimination cases are on the rise, with more employees suing under the federal Age Discrimination in Employment Act and the Texas Commission on Human Rights Act …