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Employment Law

You’re responsible for outsourced mistakes

04/30/2019
Employers may assume that outsourcing an HR function to an expert provider will insulate them from liability in case of some legal mistake. That’s not always true.

LGBT issues to be argued before Supreme Court this fall

04/25/2019
The U.S. Supreme Court has agreed to hear three cases that could decide if Title VII of the Civil Rights Act protects lesbian, gay, bisexual and transgender employees from discrimination.

Supreme Court throws cold water on group arbitration

04/25/2019
The U.S. Supreme Court delivered good news to employers on April 24 with a 5-4 decision that said employees cannot demand class-wide arbitration unless the arbitration agreement they signed explicitly allows it.

What to do now about old #MeToo allegations

04/25/2019
What began with a few female Microsoft employees sharing horror stories among themselves via email has morphed into hundreds of harassment complaints old and new that HR could not ignore. If a similar reckoning comes to your organization, follow this roadmap to address harassment once and for all.

Cooperative dialogue versus interactive accommodations process

04/24/2019
Q. I’m a New York City employer. One of my workers recently requested a copy of the decision to deny her an accommodation. She says she’s entitled to a copy of the cooperative dialogue decision. Do I have to give her something in writing?

Federal vs. New York overtime rules: Do board, lodging and other allowances count?

04/24/2019
Q. Currently, to satisfy the New York state overtime rules, we include board, lodging and other allowances and facilities in that salary. We hit the $679 salary level contemplated in the federal DOL regs already if we include that amount. Do we have to back that amount off?

Start preparing now for new exempt overtime salary threshold

04/24/2019
Employers interested in avoiding a big jump in their overtime costs should dust off plans they probably made in preparation for implementing the 2016 Obama-era proposed salary threshold rule.

Be alert for rumors that can lead to sexual harassment liability

04/24/2019
Parker v. Reema Consulting Services, Inc. deserves a place on a PowerPoint slide to remind the entire workplace that there is no place for false and mean-spirited rumors in the employer’s place of business, and that the spreading of such rumors can potentially have severe consequences.

IBM apologizes for slurs on recruiting website

04/24/2019
IBM offered no explanation of how the terms came to appear on the website.

Cupid’s arrow misses—and so does harassment suit

04/24/2019
Sometimes, a failed workplace romance doesn’t result in a demoralizing and costly courtroom loss!