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New York

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.

President proposes new pay rules for home health workers

01/31/2012
In an attempt to right what he ­­per­­ceives to be a wrong-headed Supreme Court decision, Presi­dent Obama is asking the U.S. De­­­part­­ment of Labor to change Fair Labor Stand­­ards Act regulations covering home health care workers.

No free attorney if employee has legal skills

01/31/2012
Criminal defendants are entitled to a public defender, but that’s not true for employees trying to sue for discrimination. Courts won’t often pay for legal assistance if the employee can do the work herself.

Court: New promotion test lists aren’t discriminatory

01/31/2012
Employers that compile promotion lists based on test results should tell employees that the lists will be updated periodically.

Beware asking applicants about medical histories before making job offer

01/31/2012

Tempted to ask applicants about their past medical history, disabilities or other private information related to potential disabilities? Don’t do so before you make a job offer.

Feel free to authenticate suspicious documents

01/31/2012
Employers may be suspicious about a prospective worker’s claimed professional credentials or other certifications—especially if it seems like the documents may have been altered or forged. If you have such doubts, don’t hesitate to ask for clarification.

Old slurs don’t make hostile environment today

01/31/2012

Some employees never forget an indignity. Years later, they may sue over something unrelated to the original wrong and try to bring the old offense into the case. That sometimes works if their claim alleges a hostile work environment. But if the hostility stopped years ago, chances are the court won’t consider the old claim.

Special performance measures deviate from usual practice? Be sure to document reason

01/09/2012
Courts don’t want to second-guess employers unless they feel they have no alternative. When an employee charges discrimination based on different treatment because he belongs to a protected class, the court first looks at the employer’s rules and tries to see if they have been enforced consistently.

How to help disabled employees deal with emergencies

01/05/2012
A major focus of emergency planning concerns how to help people with disabilities. However, employers must remember that federal laws may restrict what employers can do in emergencies.