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Employment Law

It’s just putting off the inevitable: Don’t let management shrug off hostile work environment

05/04/2012
Having trouble persuading upper management to get proactive about harassment and hostility complaints? Remind them that ignoring such a problem will only make it ­fester—until someone decides to sue.

Former Lucas County sheriff seeks to recover legal fees

05/04/2012

When James Telb was sheriff of Lucas County, he faced federal charges relating to an inmate’s death in the county jail. He was acquitted in December 2010, but claims the process left him saddled with $200,000 in legal fees. Now he is suing the county to recover the money.

Do you give different leave to working moms and dads?

05/04/2012
Do you sometimes grant employees “­special leave” to take care of their school-age kids? Beware if you allow special leave for mothers in your workplace, but not for fathers. One court just warned, “A company’s ‘special leave’ not grounded in law just may be discriminatory.”

Federal contractors: No action on gay-bias rule

05/04/2012
While the DOL cleared an executive order that would have made it illegal for federal contractors to discriminate against employees (or applicants) based on their sexual orientation, President Obama is not expected to sign the order, although he favors the idea.

Age bias suits: New rules on ‘reasonable factors other than age’

05/03/2012
The EEOC’s new ADEA regulations lay out several considerations to guide courts and em­­ployers and employees in determining whether factors used in deciding on a particular employment practice pass the “reasonable factors other than age” (RFOA) test.

Warn supervisors: You may be individually liable under the FMLA

05/03/2012
The 3rd Circuit Court of Appeals recently held that supervisors may be subject to individual liability under the FMLA. Employers in New York should be aware that plaintiffs who allege a violation of their FMLA rights may name individual supervisors as defendants in their lawsuits.

While she took off clothes, boss took OT and tips

05/03/2012
New York City exotic dancer Crystal DiCesare is suing Dial-A-Dancer—a company that sends strippers and porn stars to entertain at private functions—for violating the Fair Labor Standards Act.

NYC law firm settles partner’s age discrimination case

05/03/2012
Kelley Drye & Warren, a New York City law firm with more than 300 attorneys, had a policy of requiring partners who reached age 70 to relinquish equity in the firm, receiving only discretionary bonuses. Too bad for the firm that Eugene D’Ablemont knew the law …

Can USERRA form the basis of a harassment suit?

05/03/2012
A New York federal trial court has sidestepped the question of whether harassment based on military service is illegal under USERRA.

USERRA: Another worry when using independent contractors

05/03/2012

Under the Uniformed Services Em­­ployment and Reemployment Rights Act, employees called to active military service are entitled to return to their jobs. That’s not true of independent contractors. But they must really be independent contractors.