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Employment Law

New York amends Human Rights Law to protect unpaid interns

09/05/2014
On July 22, Gov. Andrew Cuomo signed a bill that amends the New York Human Rights Law by adding a new Section 296-c titled, “Unlawful discriminatory practices relating to interns.”

Ex-intern files class action against Marvel Entertainment

09/05/2014
The new amendment to the New York Human Rights Law adding protections for unpaid interns does not address the status of those interns who claim they should be compensated employees. Those cases appear to be working through the courts on a separate path.

Why you need complete records of hiring process

09/05/2014
It’s crucial to keep good records of the hiring process, including tracking applicant experience levels. After all, you never know which applicant will sue, alleging that he was passed over for a discriminatory reason.

Ensure your grooming policies are color blind

09/05/2014
Do you cut slack for some employees when enforcing your grooming policies? If so, there may be a race discrimination lawsuit in your future.

FLSA overtime rules don’t apply to truly small and local businesses

09/05/2014
Some very small employers are truly so tiny that they’re not covered by Fair Labor Standards Act overtime rules.

Tell hiring managers: No subjective comments about candidates in notes

09/05/2014
You conduct interviews to help determine who is the best candidate for a position. But every interview carries with it the possibility of a lawsuit.

Employee never applied for promotion? That makes suing you much more difficult

09/05/2014
In most cases, employees seeking a promotion or applicants seeking a new job have to actually apply and then be rejected in order to sue over alleged discrimination. Except in very rare cases—when it is obvious that applying would be futile or when the application process is hidden or informal—an application is a prerequisite for a lawsuit.

NYC law makes it easier for employees to win

09/05/2014

Not long ago, the U.S. Supreme Court made it harder for em­­ployees to prove retaliation under Title VII anti-discrimination provisions. Under the New York City Human Rights Law, employees need only prove retaliation was an important motive in an adverse employment decision, not the only one.

Bone-headed boss? Quick stop saves the day

09/05/2014
Sometimes, supervisors say stupid things. How you respond may mean the difference between winning or losing a lawsuit based on those comments.

NLRB decides it now covers retaliation in harassment cases

09/04/2014
Here’s another reason to guard against retaliation following a sexual harassment complaint: You could be slapped with an unfair labor practices charge for actions that occur after an employee asks co-workers to help gather evidence of harassment.