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New York

Trying case in court of public opinion can backfire

03/09/2012
Employers that leak information re­­lated to employee lawsuits can wind up doing more harm than good if the publicity prompts a jury to jack up awarded damages.

Tell supervisors: Brief contact is OK, but never badger employee out on FMLA leave

03/09/2012
Sometimes, you have no choice but to contact an employee during FMLA leave—for example, if someone can’t find a file or needs a password to access records. But don’t let supervisors make unreasonable demands or insist that the employee actually work.

When RIF costs protected employee’s job, take care how you reassign the work

03/09/2012
Here’s something to consider when planning a reduction in force: If you know the move will mean someone in a protected class will lose his job, think strategically in case he sues.

FMLA rules as thick as a phone book? Be prepared for FMLA interference lawsuit

03/09/2012
Don’t do anything that makes it harder for employees to use FMLA leave. “Creative” rules that end up discouraging legitimate FMLA use or punishing those who take FMLA leave are bound to cause trouble, as one large company facing multiple lawsuits has discovered.

More union members in 2011, thanks to private-sector gains

03/09/2012
Changing economic conditions and favorable rule-making in Washington helped U.S. union membership in­­crease to 14.8 million workers last year, according to the Bureau of Labor Statistics. In New York, 24.1% of workers belong to a union.

Be flexible on deadlines after FMLA leave

03/09/2012
When employees take FMLA leave (or other time off related to a disability), make sure you adjust any work deadlines. Otherwise, you risk a retaliation claim.

2 great candidates? Document why you chose 1

03/09/2012

How you choose among candidates for promotion may spell the difference be­­tween losing and winning a lawsuit. Always document the decision-making process, especially when candidates are equally qualified. Later, you may have to explain the decision in court—and your reason had better be a good, business-related one.

The ‘surge home’: Welcome service members back to work

01/31/2012
U.S. combat operations in Iraq ended in December, and the Depart­ment of Defense is gradually drawing down forces in Afghanistan. As you rehire employees returning from military service, make sure you follow USERRA guidelines. How to comply:

Heads up! Employment law in the news means employee chatter

01/31/2012
There’s plenty of employment law news making its way into the mainstream media. That means the workplace will be buzzing with em­­ployee chatter about working conditions, pay and unions. Prepare now for how to react.

‘Black Swan’ interns sue, say they should have been paid

01/31/2012
Fox-Searchlight Pictures faces a class-action lawsuit in New York from un­paid interns who worked on the production of the hit film “Black Swan.” The interns claim Fox-Searchlight failed to pay them for their work in violation of the FLSA and re­­cent DOL guidelines.