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Employment Law

Add failure-to-hire claims to list of employment law issues involving internships

11/14/2013
You have probably read that un­­paid interns are suing ­employers for unpaid minimum wages and winning. Now they’re pushing the envelope even further, trying to get federal courts to hold employers liable for sexual harassment and hostile environment claims, too.

EEOC sues sheet metal contractor for sex bias

11/14/2013
Cold Spring Harbor-based Vamco Sheet Metal faces an EEOC sex discrimination lawsuit resulting from its work on an expansion on the campus of the John Jay College of Criminal Justice be­­tween 2009 and 2011.

Manhattan strippers gain minimum wage, overtime

11/14/2013
A federal judge has ruled that federal labor law covers strippers at Rick’s Cabaret in midtown Manhattan. As a result, they must be paid the minimum wage and are entitled to overtime when they work more than 40 hours in a week.

Ensure taking leave is employee’s choice

11/14/2013
Forcing someone to take leave when she doesn’t want to can be considered an adverse employment action and become the basis for a discrimination or retaliation lawsuit.

Stop harassment by reining in sexual banter

11/14/2013
A few stray, sexually oriented comments between co-workers aren’t enough to support a full-blown sexually hostile work environment lawsuit. But you can prevent serious legal trouble by stepping in before it gets out of hand.

Handling complaints: Do bosses know chain of command?

11/14/2013
A new court ruling says that even a manager who can’t hire, fire or discipline can still hold a company responsible for Title VII harassment liability if he or she fails to send an employee’s complaint to the correct links on the corporate chain …

When settlement requires confidentiality, tell everyone to keep lips sealed

11/12/2013
Settling a case early on can have advantages. One of these is that you can include a confidentiality clause that bars a former employee from talking about the case. Now a Cali­­fornia court has said that such clauses are valid, meaning you can sue a former employee who breaks a confidentiality agreement.

Strive for harmony, plan for a lawsuit: Document every complaint as if you’ll be sued

11/12/2013

You probably have a great anti-­discrimination and anti-harassment written policy. Unfortunately, failing to accurately track every employee complaint about these issues could mean your policy efforts will backfire if the dispute winds up in court. How could that happen?

Does ‘he doesn’t play well with others’ rise to the level of an ADA disability?

11/11/2013

Some employees have a very difficult time getting along with others. That’s usually a personality issue. But sometimes, psychological problems may be at the heart of the trouble. As a result, the employee may claim she has an ADA-protected disability that must be reasonably accommodated. If employees ask to be able to avoid co-workers, that’s not reasonable.

Employees say they want a union? Here’s how not to respond

11/08/2013

It’s natural to feel betrayed and up­­­set if you discover that some employees have invited outsiders to help organize a union at your workplace. Best bet: Think and learn before you act. If you handle the news incorrectly, you may end up in the cross hairs of the NLRB.