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Employment Law

Be prepared to show court that your rules are fair

06/07/2013
Courts want to leave employers in charge of running their organizations. They won’t second-guess the rules you set, as long as they don’t appear illegal or discriminatory—even petty or quirky rules.

New York City area a hotbed for FLSA cases

06/07/2013
The Southern and Eastern Federal Districts of New York are among the top five districts nationwide for FLSA lawsuits.

New York minimum wage to increase at end of year

06/07/2013
The state minimum wage for most jobs will rise to $8.00 per hour effec­­tive Dec. 31, 2013, after the Leg­­is­­la­­ture approved Gov. Andrew Cuomo’s pro­­posal in late March. The minimum wage will increase twice more: to $8.75 on Dec. 31, 2014, and to $9.00 on Dec. 31, 2015.

Check records before and after harassment claim

06/07/2013
Here’s a tip that could save you thousands in legal bills and penalties: When you are asked to terminate a poor performer who previously complained about harassment, make sure her performance problems didn’t suddenly emerge after the complaint. That could be a clear indication of retaliation.

Will egg farm have to scramble to defend EEOC suit?

06/05/2013
The nation’s largest producer of fresh eggs is being sued after it fired a black employee who had complained about racial and sexual harassment at the company’s farm in Waelder.

Document carefully to justify discipline

06/05/2013
Here’s some good news for those worried about absolute fairness in discipline: You have more latitude than you may think. Courts will use another employee’s lighter discipline as discrimination evidence only if the two employees being compared committed offenses of “comparable seriousness,” which generally means their wrongdoing was “nearly identical.”

Employees who need help with a disability don’t need to say ‘ADA’ or ‘accommodation’

06/05/2013
Under the ADA, employees don’t have to ask for an “accommodation” for their ailments. They merely have to provide enough information for you to realize that’s what they need. It’s up to you to understand their legal rights—then start the interactive dialogue to arrive at a “reasonable accommodation.”

Independent contractor ‘amnesty’: IRS eases rules

06/04/2013
The IRS made several changes this year to clarify which types of employers are eligible under its Voluntary Classification Settlement Program (VCSP).

Co-worker violence blamed on psychological disability: Can we ask for a medical certification?

06/03/2013
Q. An employee of ours accused a co-worker of threatening him with physical harm. When we confronted the accused employee, he attributed the behavior to his psychological disorder and to a recent change in his prescription. We would like to verify the em­­ployee’s claims. Are we permitted to ask the em­­ployee for medical certification of his disability and a doctor’s statement regarding his prescribed medications?

How should we determine if employees should be paid for time in training?

06/03/2013
Q. We send our hourly employees to training that is related to work but is not required for employees to do their jobs. The training is on a weekend, is voluntary, and no work is performed. Are we required to pay employees for the hours they spend attending the training?