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Employment Law

Minor deviation from layoff procedures? Courts unlikely to consider that discrimination

10/17/2016
Of course you should always strive to follow your internal policies and procedures to the letter. That doesn’t mean you need to panic if you discover that someone unintentionally deviated from your standard practice.

Union accepted practice? That kills FLSA claim

10/17/2016
In a rare case showing that there may be some benefit to having a unionized workplace, a court has refused to consider whether employees should be paid for time spent putting on and taking off protective clothing.

Harassment investigations: What to ask

10/14/2016
When investigating an employee’s complaint of harassment—sexual or otherwise—tailor your inquiries to the facts of that case.

Employment law in the news for New York employers

10/12/2016
A recent ruling from the National Labor Relations Board will affect New York colleges and universities. New state regulations will affect all employers that use paycards to pay their employees.

NYC beauty supply stores must make up back wages

10/12/2016
Three New York City beauty supply companies have agreed to pay $218,000 to 16 employees who the Department of Labor determined were cheated out of overtime pay.

Allegations of discrimination? Consider transfer

10/12/2016
Sometimes, the best thing an employ-er can do is to offer a transfer to an employee who has complained about alleged discriminatory conduct.

Return from FMLA leave: Spell out requirements for fitness-for-duty certification in advance

10/12/2016
If you intend to require an employee taking FMLA leave to provide a fitness-for-duty certificate on return, you must make that clear up front when he first requests leave.

Boss’s stray comment isn’t enough to prove national origin discrimination

10/12/2016
Sometimes, supervisors get frustrated with difficult employees. That’s when they may say something in the heat of an argument that they later regret.

Watch out for suits claiming NYCHRL violation: They’re much easier for employees to win

10/12/2016
It is far easier for an employee to argue that he has been a victim of discrimination under New York City’s anti-bias law than under federal law.

Prepare to prove firing wasn’t retaliation

10/12/2016
If an employee complained about a supervisor’s actions, make sure the supervisor can’t manipulate the disciplinary process to punish the worker.