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Employment Law

Win discrimination, retaliation lawsuits with patience, careful documentation

11/13/2014
Simply put, documentation is what wins many lawsuits. That’s especially true when more than one supervisor has documented past problems.

Same job, different office: Is that considered retaliation?

11/13/2014
Some employees believe that anything negative that happens after filing a complaint must be retaliation. Not true.

Webinar Wisdom: Dealing with Workplace Bullying

11/12/2014
A quick summary of a recent training webinar presented by Business Management Daily.

Qualification inflation: Extra skills & degree don’t automatically make employee exempt

11/12/2014
As the following case shows, just because you hire someone who is overqualified or has especially impressive training or education, that doesn’t automatically transform the job from hourly to exempt. Also, job titles do not determine exemptions.

Beware risky suggestions about retirement

11/10/2014

Remind your supervisors: Be careful how you approach discussing potential retirement plans with employees. As this new case shows, asking about the subject too often or in a way that’s not business-related could trigger an age discrimination lawsuit—especially if the employee loses her job soon after the discussion.

Explain FMLA benefits to employees before they hit their one-year anniversary

11/07/2014
Employees have to wait a year before becoming eligible for FMLA leave. But it’s wise to let them know about the law—and the benefits it provides—before they reach that one-year anniversary.

Facing legal action? Know when to put a ‘litigation hold’ on your email purging

11/06/2014
Most employers aren’t aware of the risk of deleting old emails at the wrong time.

What you need to know about New York’s new medical marijuana law

11/05/2014
With the July 2014 enactment of the Compassionate Care Act, New York became the 23rd state to legalize medical marijuana. Employers should become familiar with how the law may affect the workplace.

EEOC alleges home care company violated GINA

11/05/2014
New York City-based BNV Home Care faces an EEOC lawsuit after staff members complained that the company sought extensive family health histories as part of an “employee health assessment.”

Prompt action on harassment limits your liability

11/05/2014

How you handle a sexual harassment complaint can mean the difference between a quick lawsuit dismissal and protracted litigation. Prompt action is essential.