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New York

Cover USERRA, New York law by drafting unequivocal severance releases

04/03/2012
Don’t worry that releases you ask employees to sign in exchange for severance pay aren’t broad enough to cover claims under USERRA or the New York Military Law. As long as the release is clear and unequivocal about what’s being waived, it doesn’t have to specifically reference the laws.

When employee is at-will, you’re free to change compensation going forward

04/03/2012
Here’s an important note in this rocky economy: Employers are free to change many of the terms and conditions of employment for at-will employees, including changing their compensation.

Disabled employee sues under NYHRL? HR managers may be held personally liable

04/03/2012
Here’s a new worry for New York HR managers: Mess up too badly and you could be held personally liable for damages under the state’s New York Human Rights Law. Something as simple as refusing to approve what turns out to have been a reasonable accommodation may leave you on the hook for thousands of dollars or more in damages.

Batali’s employees rake in millions in belated tip income

04/03/2012
Manhattan celebrity chef Mario Batali has agreed to a $5.25 million settlement with waiters, bartenders, busboys and other floor staff at several of his restaurants.

Outrageous claims? Let legal process play out

04/03/2012

Employees and their lawyers can make some outrageous allegations in lawsuits. It may be part of an effort to get publicity, or maybe it just re­­flects the employee’s subjective per­­ception of what happened instead of objective reality. Either way, don’t panic. Chances are, the case will be tossed out when the judge sees there’s no substance to the allegations.

When merger looms, focus on evaluations

03/19/2012
HR professionals are often among the first to know that big organizational changes are on the way. If you learn about an upcoming merger, don’t spill the beans, but do diplomatically prod managers to complete all pending performance evaluations.

Set policy to regulate employee use and abuse of blogs

03/09/2012
A quick scan of the world’s 156 million blogs reveals plenty of employees discussing their work. Sometimes that spells legal trouble for employers. By implementing an effective company blogging policy, you may avoid many of the pitfalls.

Pharma biz: Does anyone make a pill for HR headaches?

03/09/2012
The pharmaceutical industry must have a bull’s-eye on its back, because employees’ attorneys continue to take aim at it, filing class-action lawsuits that allege unfair or illegal pay practices.

Report shows Uncle Sam is biggest USERRA violator

03/09/2012
It’s do as we say, not as we do when it comes to complying with the Uniformed Services Employment and Reemployment Rights Act (USERRA). A Washington Post investigation found that federal government agencies account for 18% of all USERRA complaints filed by returning service members.

Approved FMLA leave doesn’t mean worker is disabled

03/09/2012
Just because someone has a serious health condition that qualifies for FMLA leave, it doesn’t always mean the condition is a disability. And merely approving someone’s FMLA request isn’t the same as admitting the employee is disabled.