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New York

Crack down on supervisor harassment with tough policy, prompt corrective action

06/08/2012

HR professionals can’t be everywhere at once, making sure no boss ever harasses a subordinate. It will happen, even in the best, most progressive organizations. Protect against such nonsense with a robust anti-harassment policy and a commitment to promptly investigate harassment allegations.

Don’t apply ADA to temporary conditions

06/08/2012

Some employees believe that any physical problems that linger after surgery or other medical treatment are disabilities that entitle them to ADA protection. That’s not true. Disabilities are permanent. Temporary, post-surgical problems don’t qualify.

Take same-sex harassment claims seriously

06/08/2012
According to a recent 2nd Circuit Court of Appeals decision, what one woman considers an innocent brush may be construed by the other woman as intentional same-sex harassment—and juries are best equipped to sort out who is right.

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.