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New York

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.

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.