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Employment Law

After military leave, is employee due merit raise?

11/13/2012

Q. One of our employees was on military leave for six months. He will be reinstated at the same pay and position. While he was gone, all employees in his department received a 4% pay raise in recognition for their hard work in the past year. Must we pay him that raise?

Track all discipline to prove you don’t discriminate when punishing employees

11/12/2012

Employee lawsuits that appear out of nowhere often involve some form of alleged discrimination against someone who believes he was disciplined more harshly than other employees. That’s one reason you should routinely track all discipline.

Audit disciplinary records to ensure protected employees aren’t being unfairly punished

11/12/2012

Do you know for sure that your supervisors equally punish em­­­­ployees who break the same workplace rules? If not, it’s time to conduct an internal audit. Check disciplinary records against your employees’ protected characteristics.

Performance slipping under new supervisor? Find out if standards have changed

11/12/2012
If a former employee sues after being fired for poor performance, his attorney will almost certainly ask to look at past performance appraisals. Any that indicate the employee had previously been doing a good or excellent job may be used against you as proof the employee was fired for illegal reasons.

Premium blunder: Don’t gripe about cost of workers’ health

11/12/2012
The cost of health insurance is a hot-button issue for most em­­ployers and employees today. But as one court recently warned, be careful what you say to employees about the impact of their health on the company’s insurance premiums.

New York broadens payroll deductions, adds employer requirements

11/11/2012
Back in June, the New York Sen­ate and State Assembly passed an amendment to New York’s wage deduction statute, New York Labor Law Section 193. The amendment—effective Nov. 6, 2012—permits New York ­employers to make a wider range of payroll deductions than in the past, but also imposes several new deduction-related requirements.

NYC guidance counselor fired over old lingerie photos

11/11/2012
A school guidance counselor is suing the New York City Department of Education after she was fired after some long-ago photos of her modeling lingerie surfaced on the Internet. Her lawsuit claims discrimination and wrongful termination.

‘Bias’ never mentioned? That won’t stop retaliation suit

11/11/2012
There are no magic words an em­­ployee has to utter in order to engage in protected activity. As long as what he says would lead a reasonable person to conclude he’s complaining about some form of discrimination, he has protection from retaliation.

Lawsuit limitation clause may stop New York bias claims, but won’t bar federal cases

11/11/2012
If New York employers want to shorten the time frame in which former employees can file lawsuits, they can do so by including a clause to that effect in their employment applications. However, that may apply only to New York state claims, not federal ones.

High Court rules exotic dance does not constitute high art

11/11/2012
The New York Supreme Court has ruled that exotic dancing is not an art form and that, therefore, strip clubs are subject to the state sales tax.