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Employment Law

Firm pays $190,000 to settle Astoria race harassment case

05/06/2013
A Pennsylvania-based energy-industry staffing firm has agreed to pay $190,000 to a black former employee to settle charges that a foreman har­­assed and physically abused the man because of his race.

In NYC, no more bias against unemployed job applicants

05/06/2013
Controversial amendments to New York City’s Human Rights Act take effect June 11, allowing job applicants to sue for discrimination against a new protected class: the unemployed.

Court: Trial for mentally ill worker denied transfer

05/06/2013
A court has OK’d a trial for a mentally ill worker who was turned down when he asked to be transferred to another supervisor. The man blamed his subsequent discharge on a failure to accommodate.

Combat co-worker harassment with effective policy, prompt action

05/06/2013
You can’t prevent all sexual har­­assment, but you can do plenty to avoid liability when it does happen, at least when the harasser is a co-worker. Start with a clear anti-harassment policy, and make sure everyone under­­stands it.

Class act? NYC strippers to split huge settlement

05/06/2013
A class of 1,245 exotic dancers will split an $8 million settlement resulting from claims that the Penthouse Executive Club in Manhattan’s Hell’s Kitchen neighborhood misclassified them as independent contractors.

Off-limits to bosses: Talk of child-rearing

05/06/2013
Some things are best left unsaid. That includes any comments about how hard it must be for a mother to have a career and raise children. Tell managers to keep the topic out of their office chitchat.

Is sexual assault covered under workers’ comp laws?

05/03/2013
In a new ruling, a court said an employee who was violently sexually assaulted on company property can sue her employer in court. This case serves as a lesson for all employers.

Supremes: No class? No FLSA class-action!

05/02/2013
The U.S. Supreme Court on April 16 dismissed an FLSA suit, reaching the somewhat obvious conclusion that a wage-and-hour case that fails to attract class members has no standing to proceed as a class-action lawsuit.

DOL issues final FMLA military caregiver, exigency leave regs

05/02/2013
The U.S. Department of Labor has issued final regulations expanding the FMLA’s caregiver and military exigency leave provisions to include more employees and cover veterans. The new regs formalize amendments included in 2010 defense spending legislation.

Retaliation alert: Don’t punish boss for refusing to alter disputed performance review

05/01/2013
Here’s an important reminder for senior executives: If an employee says she will sue for discrimination unless her evaluation is changed, don’t punish her supervisor if he refuses to go along. That could amount to retaliation for protected activity—meaning you could have two lawsuits on your hands.