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Employment Law

Brighton Beach condo collapse draws OSHA fines

08/03/2012
OSHA has cited SP&K Construction, a Brooklyn contractor, for safety violations in connection with a fatal structural collapse in Brighton Beach. The accident, which killed one worker and injured four others, occurred Nov. 8, 2011.

Albany Times Union settles with Newspaper Guild

08/03/2012
The Albany Times Union and the union representing its employees have reached a settlement following a National Labor Relations Board ruling that the newspaper violated federal labor law when it laid off three employees in the fall of 2009.

OK to change minor duties during or after FMLA leave

08/03/2012
Employees who take FMLA leave are entitled to return to the same or an equivalent position after their leave has expired. But that doesn’t mean management can’t alter minor job duties.

Warn managers not to discuss employees’ ethnicity

08/03/2012
People are naturally curious about where others come from. But at work, such inquisitiveness can lead to misunderstandings—and, ultimately, expensive litigation. That’s why you should counsel supervisors against asking subordinates where they are from or what nationality they hold.

Bully boss? At least make sure he’s equally disagreeable to all kinds of subordinates

08/03/2012
Consider what might happen if a supervisor consistently singles out members of a protected class for tongue-lashings. It could be grounds for a discrimination lawsuit. Monitor subordinate complaints, looking for unusual patterns.

Leave policy goes above and beyond FMLA? Make sure court sees your generosity

08/03/2012
If, like many employers, you offer employees more than the required 12 weeks of unpaid FMLA leave in any given year, you may have a powerful response to a disability or FMLA discrimination lawsuit.

Nassau County settles suit with septuagenarian lifeguard

08/03/2012
He may not make the cast of “Bay­­watch,” but Jay Lieberfarb now has $65,000 that says Nassau County was wrong to fire him from his job as a lifeguard in 2009.

Not all offensive conduct creates liability

08/03/2012
Some employees believe that any sexual comment equals sexual harassment. That’s not true, especially when it involves so-called same-sex harassment. While you shouldn’t ignore such conduct for morale and productivity reasons, rest assured that it generally won’t make your organization liable for a big jury award.

Do your employees know how and where to submit complaints?

08/03/2012
One of the only legally secure ways to protect your company from hostile work environment lawsuits is to provide clear steps for employees to complain. Then investigate the allegations. Make sure employees know how to raise concerns and whom to talk to.

Firing for theft? Well-founded suspicion enough to go on

08/02/2012
If you suspect an employee has been stealing, you can and should discipline him. You don’t need absolute and irrefutable proof. It’s enough that you reasonably believed he stole.