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New York

Track poor behavior even after improvement

09/17/2012

Some employees will permanently per­­form and behave better if they believe their jobs are at stake. But for others, the improvement is only temporary. That’s why it is important to track performance and behavior over time.

At work and online: NLRB restricts employers’ social media rules

09/10/2012

Many employers have social media policies that attempt to control what employees say on social media. Poli­­cies that overreach may violate the NLRA. In response, the NLRB has issued a memorandum summarizing key points in its recent decisions concerning social media.

Court of Appeals case reinforces value of written job offers

09/10/2012
A recent decision by New York’s highest court highlights the value of spelling out the terms of employment in a written offer letter.

August’s 5th Avenue sidewalk shooting was work-related

09/10/2012

Fashion-industry designer Jeffrey Johnson had a long-running feud with sales executive Steven Ercolino. Both are now dead. On Aug. 24, Johnson waited outside Hazan Import’s office on 5th Avenue near the Empire State Build­­ing. As Ercolino and a co-worker approached the office, Johnson pulled out a pistol and opened fire.

DOL docks federal funding to pay contractor’s back wages

09/10/2012
The U.S. Department of Labor’s Wage and Hour Division will deduct unpaid wages and benefits from future government payments to Lettire Construction Corp. to settle violations of the Davis-Bacon and Related Acts …

In Lower Manhattan, how about a slice of class action?

09/10/2012
A federal judge has certified a class-action lawsuit against Manhattan’s hip Adrianne’s Pizza Bar. Current and former workers allege they were not paid minimum wage, overtime and “spread-of-hours” premiums required for restaurant employees who work long split shifts.

HR suspects discrimination? Lawsuit just got stronger

09/10/2012
An employee must levy very specific allegations for a bias complaint to become protected activity—unless HR already suspects discrimination.

Management won’t back boss’s discipline? That’s not automatically discrimination

09/10/2012
A supervisor can’t successfully sue for discrimination merely because management fails to back up his decision to discipline a subordinate. The supervisor must prove that management didn’t support his decision because of his membership in a protected class.

ADA requires accommodation of customers with service dogs

09/10/2012
Under the ADA, customers or employees may bring service animals with them to work or to a public place like a restaurant or a store. Smart employers make sure employees know their obligations and treat the animal and its owner appropriately.

Follow up with harassed employee to check for retaliation–and prevent future lawsuits

09/10/2012
When an employee complains about sexual harassment, protect yourself against a later retaliation lawsuit by following up with her. Your goal: To get her on record as experiencing no backlash, thus making it harder to sue for retaliation.