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New York

Retain all résumés to show your hiring process wasn’t tainted

09/10/2012

Want to prove that you hired the best applicant and selected the right individuals to interview? Keep all the résumés you received for the position. They may come in handy later if you are sued.

Ex-manager claims BoA based assignments on race

09/10/2012
A former manager of a Bank of America branch in New York is suing, claiming the bank has a discriminatory policy of placing black managers only in predominantly poor, black neighborhoods.

Worker must articulate ADA needs, alterations

09/10/2012
After you have implemented a reasonable accommodation for a disabled employee’s medical restrictions, it’s up to the employee to ask for any modifications that may be necessary.

HR investigations: Good faith–not perfection–required

09/01/2012
Courts don’t expect perfection from an HR investigation. They just want to see that someone in authority took reasonable steps to learn the truth.

Complaint + sudden criticism = retaliation

09/01/2012

Juries like simple cases. If an em­­ployee complains about discrimination and management does nothing, that’s one thing. But if suddenly the employee is criticized, placed on a performance improvement plan and then fired, jurors may see retaliation.

Use new employee FMLA guide as chance to review your policies

08/03/2012
Publication of the new DOL guide to employees’ FMLA rights signals an opportunity for employers to take a fresh look at this sometimes confusing law. It’s a golden opportunity to remind employees how their company leave policies mesh with the FMLA.

What employers must do now to meet Affordable Care Act deadlines

08/03/2012
When the U.S. Supreme Court decided in June to uphold most of the provisions of the Affordable Care Act health care reform law, the clock started ticking on a number of benefits-related deadlines employers must meet. From summaries of bene­­fits and coverage to health care flex funds to health benefits reporting on 2012 W-2s, now is the time to review your health insurance obligations.

Brighton Beach condo collapse draws OSHA fines

08/03/2012
OSHA has cited SP&K Construction, a Brooklyn contractor, for safety violations in connection with a fatal structural collapse in Brighton Beach. The accident, which killed one worker and injured four others, occurred Nov. 8, 2011.

Albany Times Union settles with Newspaper Guild

08/03/2012
The Albany Times Union and the union representing its employees have reached a settlement following a National Labor Relations Board ruling that the newspaper violated federal labor law when it laid off three employees in the fall of 2009.

OK to change minor duties during or after FMLA leave

08/03/2012
Employees who take FMLA leave are entitled to return to the same or an equivalent position after their leave has expired. But that doesn’t mean management can’t alter minor job duties.