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New York

Beware excessive monitoring of employees who raise discrimination concerns

10/09/2012
Everyone knows it’s retaliation to demote or fire an employee after he complains about discrimination or cooperates in an investigation. But what about less drastic actions? They might be retaliation, too, under the right circumstances. That can even include excessive monitoring after the employee has complained.

Document business realities, performance ­criteria that led to job-cutting decisions

10/09/2012
During tough economic times, businesses often have to cut labor budgets and eliminate positions. Smart employers make sure they document that process with facts and figures—just in case an affected employee decides to sue and tries to parlay a few stray, insensitive comments into the “real” reason she lost her job.

OSHA pops Champagne Demolition for retaliation

10/09/2012
Champagne Demolition in Albany faces an OSHA lawsuit claiming that it illegally fired an employee for reporting improper asbestos removal practices at a company worksite.

Control what you can: You can’t stop all hostility

10/09/2012
Good news for employers that try their best to maintain a harassment-free workplace, but sometimes fail: Courts understand there are limits to what employers can do when it comes to limiting all racially hostile comments and acts.

Tell bosses: Careless comments cause lawsuits

10/09/2012
The only appropriate response to a pregnancy announcement is “Congratulations.” No smart aleck comments, no questions about family size, no wondering aloud how long the employee expects to be out. If the pregnant employee asks about leave, her boss should refer her to HR.

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 …