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Employment Law

Speak freely to EEOC–it’s privileged communication

06/18/2013
Good news: You won’t be held personally liable—and neither will your company—for what you say in re­­sponse to an EEOC complaint. State­­ments made in an EEOC investigation are privileged.

Supreme Court won’t nix ADA reassignment

06/18/2013
The U.S. Supreme Court on May 28 let stand a lower court’s ruling that employers may be required to reassign a disabled employee to a vacant position as an ADA reasonable accommodation if the employee can’t perform his or her current job.

Incorporation beats the misclassification conundrum

06/17/2013
The DOL will shortly survey ­workers on their understanding of their status and whether they know that independent contractors aren’t eligible for overtime, benefits, etc. A crackdown on employers that misclassify workers is probably not very far behind.

School’s out for summer: Complying with federal teen labor rules

06/14/2013
Teens are a great source of labor, especially during the summer. But the Fair Labor Standards Act sets strict limits on the hours they can work and the jobs they can perform—and those limits are different during school months and nonschool months.

EEOC settles first genetic bias case under GINA

06/12/2013
An Oklahoma company has agreed to settle the first EEOC lawsuit ever filed alleging violations of the Genetic Information Nondiscrimination Act.

Waiting to fire slacker? Document your concerns

06/11/2013
If you have a poor-performing worker but don’t want to fire him before you have lined up a replacement, make sure you document all the problems—and your efforts to get him up to expectations.

Worker says different punishment shows bias? Your good records will save you in court

06/11/2013
You know you should discipline all workers fairly and equitably, with similar punishment for all who break the same rule. That doesn’t mean breaking the same rule always means identical punishment. As long as you have a good and well-documented reason that shows why each situation differed, your decision won’t be second-guessed later.

How to comply with the GINA genetic information law

06/07/2013
The Genetic Information Nondis­crimination Act was enacted in 2008. It pro­hibits employers from discriminating against employees on the basis of their genetic information.

New pay on the way: Update on New York wage-and-hour law

06/07/2013
Get ready, New York ­employers. New developments will affect how and how much you pay your employees. The state minimum wage will soon increase and the NYSDOL has proposed new regulations on wage deductions.

­­­­­­­­L.I. diner owners face prison after serving up a side of fraud

06/07/2013
The owners of a Nassau County ­diner face up to four years in prison after a joint federal/state investigation found massive payroll and tax fraud at the restaurant. They pleaded guilty to several felony and misdemeanor counts alleging wage-and-hour violations and shady bookkeeping.