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New York

Patience, careful documentation pay off when disciplining underperforming employees

05/21/2012

Reasonable employers always fare better in court than unreasonable ones. That’s one reason to keep care­­ful disciplinary records showing every­thing you did to help an employee perform well despite obvious problems. If he’s ultimately terminated, the court probably won’t second-guess the decision.

Age bias suits: New rules on ‘reasonable factors other than age’

05/03/2012
The EEOC’s new ADEA regulations lay out several considerations to guide courts and em­­ployers and employees in determining whether factors used in deciding on a particular employment practice pass the “reasonable factors other than age” (RFOA) test.

Warn supervisors: You may be individually liable under the FMLA

05/03/2012
The 3rd Circuit Court of Appeals recently held that supervisors may be subject to individual liability under the FMLA. Employers in New York should be aware that plaintiffs who allege a violation of their FMLA rights may name individual supervisors as defendants in their lawsuits.

While she took off clothes, boss took OT and tips

05/03/2012
New York City exotic dancer Crystal DiCesare is suing Dial-A-Dancer—a company that sends strippers and porn stars to entertain at private functions—for violating the Fair Labor Standards Act.

NYC law firm settles partner’s age discrimination case

05/03/2012
Kelley Drye & Warren, a New York City law firm with more than 300 attorneys, had a policy of requiring partners who reached age 70 to relinquish equity in the firm, receiving only discretionary bonuses. Too bad for the firm that Eugene D’Ablemont knew the law …

Can USERRA form the basis of a harassment suit?

05/03/2012
A New York federal trial court has sidestepped the question of whether harassment based on military service is illegal under USERRA.

USERRA: Another worry when using independent contractors

05/03/2012

Under the Uniformed Services Em­­ployment and Reemployment Rights Act, employees called to active military service are entitled to return to their jobs. That’s not true of independent contractors. But they must really be independent contractors.

Once intermittent FMLA leave expires, reset eligibility clock and demand recertification

05/03/2012
Employees who want to take additional intermittent leave under the FMLA must comply when their employer asks for recertification.

When employees are bilingual, it’s OK to require use of English in the workplace

05/03/2012

Employers can require employees to speak English at work, as long as they enforce the rule across the board. What they can’t do: Allow some employees to use one foreign language but punish others for using a third language.

Schumer jumps into Facebook password fray

05/03/2012
Sen. Chuck Schumer (D-N.Y.) and Sen. Richard Blumenthal (D-Conn.) have asked the DOJ and the EEOC to issue an opinion on one of today’s hot-button employment law issues: Is it a violation of the Stored Communications Act or any other federal law for an employer to ask job applicants to provide their Facebook passwords?