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New York

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.

Set clear policy on promotions–and enforce it

11/11/2012
Good news for employers that use a formal process to invite employees to apply for promotions. Employees who don’t follow that process—instead merely telling their boss that they want to be considered—can’t successfully sue if they’re not promoted.

Cite business reasons to justify terminations

11/11/2012
Here’s how to win termination lawsuits: Back up your decisions with solid business reasons for the discharge—especially if you had to let people go to reduce labor costs or otherwise survive financial hardship.

Court loses patience with frivolous lawsuits

10/15/2012
Do you have an employee who’s threatening to sue if you discipline him? Don’t let that prevent legitimate discipline.

Watch out for overt harassment, but don’t sweat isolated–possibly misinterpreted–comments

10/15/2012
While you should certainly discourage workplace comments that could be misconstrued as hostile, don’t panic if you learn an insensitive supervisor said something stupid. Unless the remarks were out-and-out racist, chances are they won’t be the basis for a hostile environment racial harassment lawsuit.

Preventing and handling workplace harassment of teen workers

10/09/2012
Because of their youth and inexperience in the workplace, teenage workers are uniquely vulnerable to sexual harassment. It’s your responsibility to prevent harassment—and investigate it if it does occur.