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Employment Law

Small businesses get DOL wage-and-hour help

10/18/2018
The U.S. Department of Labor has launched a web portal to help small businesses comply with the Fair Labor Standards Act and other employment law statutes.

Hiring: Opioid crisis collides with the ADA

10/18/2018
Among the scarce pool of workers who are applying for jobs, a fair number are recovering opioid users. That may mean employers face a higher likelihood of being sued because they don’t understand the ADA.

EEOC: On the Border chain crossed the harassment line

10/17/2018
The EEOC has filed suit against national Mexican restaurant chain On the Border, alleging management at its Holtsville, New York location failed to stop racial harassment directed at one of its chefs who is black.

Simple warning doesn’t constitute retaliation

10/17/2018
A mere warning that one is facing potential disciplinary action doesn’t amount to retaliation for filing a discrimination complaint.

Discrimination claims must be based on good faith

10/17/2018
Complaining about discrimination is considered protected activity. Punishing employees for com­plaining may be retaliation even if it turns out that the original claim was meritless. However, the original complaint must have been made in good faith.

Warn bosses to avoid retaliation when dealing with employees who constantly complain

10/17/2018
Even if it turns out that most of an employee’s complaints aren’t serious enough to be considered unlawful under federal, state or local laws, that doesn’t mean the employee won’t have a retaliation case if her supervisor finds ways to make the employee pay for complaining.

Never bring up relative’s disability when discussing reasons for absenteeism

10/17/2018
Warn New York City supervisors against mentioning possible reasons for absenteeism when disciplining workers for missing work. It can badly misfire, especially if the reason for missed work is taking care of a disabled relative.

Do you have staff in New York City? Beware unique threat of sexual harassment claims

10/17/2018
New York City employers face a double-whammy when it comes to harassment: First, the city has its own specific sexual harassment training requirements. Second, New York City has a far lower standard for what constitutes sexual harassment than the state of New York or Title VII does.

Harassment report begets retaliation charge in Queens

10/17/2018
Foodtown, a supermarket in the Elmhurst neighborhood of Queens, faces charges it failed to stop a supervisor from sexually harassing two female employees and retaliating against them when they complained.

Inconvenient assignment isn’t adverse action

10/17/2018
Things like being fired, demoted or denied a promotion all qualify as adverse employment actions. But what about other workplace events like having a schedule change, being denied overtime or getting transferred to a similar position?