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Employment Law

ADA: Drug and Alcohol Addiction

01/10/2014

HR Law 101: The ADA requires employers to walk a fine line between enforcing reasonable workplace safety and behavioral rules and making accommodations for those who are addicted to drugs or alcohol. The law doesn’t protect current users of illegal (i.e., “street”) drugs, but it does protect alcoholics and those who’ve shaken their drug addiction sufficiently to no longer be classified as active illegal users …

Grant FMLA leave for pregnancy or any pregnancy-related issues

01/09/2014

Almost anything connected to a pregnancy can become the basis for a valid FMLA leave request, even if the employee is physically well. Take, for example, a doctor’s written notice that the pregnant employee should be placed on light-duty work for her own safety. If no such positions are available, you may have to allow the worker time off as FMLA leave.

NLRB’s pro-union poster is (finally) officially dead

01/08/2014
The National Labor Relations Board has thrown in the towel in its 2½-year effort to compel most private-sector employers to display a poster informing employees of their right to form or join unions.

Make sure your pay policies properly address meal breaks

01/08/2014
Paying employees for break time—or not paying them—is one of the trickiest aspects of wage-and-hour law compliance. Know your obligations!

10 steps to take now to manage veterans and disabled workers

01/08/2014
Federal contractors will soon have new rules for managing ­veterans and disabled workers. Now is the time to prepare for the many changes that become effective March 24.

AG announces partnership to combat misclassification

01/08/2014

Attorney General Eric T. Schneider­­man has signed a memorandum of understanding that allows his office to cooperate with both the federal and New York Departments of Labor to battle worker misclassification.

Manhattan clerk sues over ‘Burrito Face’ slur

01/08/2014
A former sales clerk at Manhattan’s Alexander McQueen boutique claims she was subjected to numerous slurs concerning her heritage while working at the upscale store.

One comment by boss doesn’t justify age bias claim

01/08/2014
Supervisors should avoid any age-related references, but don’t despair if you learn someone made such a comment—as long as nothing else points to age discrimination. Simply warn the boss to watch what he or she says in the future.

ADA: What to do when employee won’t cooperate

01/08/2014
The ADA says you must reasonably accommodate disabled employees. That requires substantial discussion with the employee to understand her condition and formulate a solution.

To include in training: zero tolerance for religious name-calling

01/08/2014
While most employees know it isn’t socially acceptable to use racial slurs, some may not realize that religion is an equally sensitive topic, especially for religions that have been targeted for abuse and worse for decades or even centuries. Why not eliminate potential litigation costs with solid education?