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New York

Yes, you can require Social Security number to hire

10/24/2019
Some people refuse to use a Social Security number based on their religious beliefs. However, employers must know an employee’s Social Security number to comply with federal tax and immigration laws.

To sue for FMLA interference, employee must ask for FMLA leave

10/24/2019
In order to claim an employer violated the FMLA by denying leave, the employee must have actually requested that leave. She doesn’t have to formally state, “I am requesting FMLA leave.” However, what she says must at least be understood as a request.

Ensure internal records specifically support your decision to discipline or terminate

10/24/2019
If you must fire someone who has taken FMLA leave, be specific about the reasons when recommending discharge.

Clear rules and good records essential

10/24/2019
Employers that have clear rules showing exactly what they expect from employees have a huge leg up if they are sued for discrimination.

Broad arbitration pacts offer most legal protection

10/24/2019
If you choose to use an arbitration agreement to settle workplace disputes, it may pay to make it as broad as possible.

Lawsuit over promotion she never applied for

10/24/2019
Usually, employees must actually apply for a job before they can sue for not being promoted. Generally, just telling a supervisor that one is interested in the idea of a promotion isn’t enough, either. However, that doesn’t mean someone always has to formally fill out an application.

What’s the new retirement plan designed for small New York employers?

09/23/2019
Q. We are a small employer and don’t have a retirement savings plan. An employee just asked us about what he described as a new retirement plan that won’t cost us anything. What’s that all about?

What should we do? Freelancer claims harassment

09/23/2019
Q. We just got a complaint from one of our freelancers alleging she was sexually harassed while working in one of our facilities. What should we do? She’s not our employee.

Do we really have to install baby changing tables in our restrooms?

09/23/2019
Q. I heard that there’s a new law in New York that requires providing baby changing tables in all bathrooms. Is that true? Why would my employees need changing tables?

Evolving landscape: Employer freedom vs. LGBT rights

09/23/2019
In the courts and via the regulatory process, employers are slowly gaining the right to reject certain employees on the basis of their owners’ or officers’ religious convictions.