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New York

Court: Being a tough boss is perfectly legal

12/05/2012
There’s no state or federal law that requires work to be easy or fun. As long as managers treat employees alike—without regard to race, age, sex or other protected characteristic, and don’t otherwise violate the law—they can be as unpleasant as they want.

Warn top brass: Avoid appearance of impropriety

12/05/2012
CEOs and other high-ranking company officials should do all they can to avoid even the appearance of impropriety at work, on business trips and when socializing with employees. Reason: Even innocent behavior can be made to look like harassment.

Fire if necessary: Complaining about bias doesn’t earn free pass to terrorize co-workers

11/19/2012
Don’t let past discrimination complaints by an obviously troubled employee keep you from ensuring workplace safety. Even vague threats can justify firing a potentially dangerous employee. Few judges will see that as retaliation.

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.

New York loosens limits on payroll deductions

11/11/2012
The New York General Assembly has amended Section 193 of the New York Labor Law to allow ­employers to make payroll deductions for a wider variety of items. The amendment lets employers deduct the cost of an array of employee benefits previously barred by the state code.

‘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.

Worried candidate is too volatile to promote? Reason enough to give the job to someone else

11/11/2012
Some employees who are quick to anger may not have the interpersonal skills needed for a promotion, even if they are technically qualified to do the job. If you choose not to promote a hothead, few courts will second-guess your decision …

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.