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Employment Law

Court curbs NYDHR’s jurisdiction on harassment, bias cases

07/05/2012
On June 12, the New York Court of Appeals held that the New York State Division of Human Rights does not have jurisdiction over discrimination and harassment complaints filed by public school students under the New York Human Rights Law.

Buffalo cheese maker melts under OSHA heat

07/05/2012
Buffalo-area cheese manufacturer Sorrento Lactalis faces $241,000 in fines following an OSHA inspection that revealed numerous hazards at its plant.

Manhattan school can’t dance away from age-bias claim

07/05/2012
Marymount Manhattan College’s refusal to hire a 64-year-old choreography instructor for a tenure-track position has left the New York City liberal arts school tap dancing around age discrimination charges.

Layoffs looming? Help workers find internal opportunities

07/05/2012

You never know which terminated employee will sue or for what. That’s why you should treat every layoff as a potential lawsuit. Defend yourself by doing all you can to help employees who may lose their jobs find other opportunities within the company.

Equal opportunity discipline: Don’t let rogue bosses subvert your anti-harassment policy

07/05/2012

If you set rules for employees to follow, then make sure everyone in the organization follows them. That includes supervisors. Otherwise, your policies aren’t worth the paper they are written on.

Need to contact employee out on FMLA leave? Be sure to document reason for the call

07/05/2012

Employees on FMLA leave are entitled to be left alone. Super­visors shouldn’t send work home with the employee or call constantly to check up. That could be considered FMLA leave interference. That doesn’t mean, however, that you can’t get in touch with the em­­ployee about important and urgent matters or enforce your broader call-in policies.

HR director sues over president’s hiring preferences

07/05/2012
The former HR director at J. Chris­­to­­­pher Capital has filed a $1 million lawsuit against the Manhattan ven­­ture capital firm, claiming the company’s founder stated that he only wanted gay men and beautiful women working for him.

How to handle vague FMLA certification

07/05/2012
Here’s good news for employers trying to manage FMLA leave and prevent abuse: If an employee’s FMLA certification form is incomplete or vague, you can deny leave as long as you gave him a chance to correct the deficiencies.

Sometimes, pregnancy rises to a disability

07/05/2012
Generally, pregnancy isn’t a disability under the ADA, nor are pregnancy-related complications. But under some limited circumstances—when pregnancy complications cause separate medical conditions that persist after birth—the employee may qualify as disabled under the ADA.

Paying nonexempt employees a salary? Be sure to get agreement on hourly rate

07/05/2012

Determining the amount of overtime pay depends on identifying an em­­ployee’s hourly rate for the first 40 hours. That can sometimes be more complicated than it sounds, especially for organizations that pay their hourly employees a set amount for their entire workweek, including overtime.