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New York

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.

2012 enforcement trends in employment law: hiring and safety

01/05/2012
We’re now well into the first quarter of the year and already a few trends are becoming apparent in the way the federal government will enforce labor and employment laws in 2012. Two significant em­­phases will be hiring discrimination and workplace safety.

Ex-NBA cop claims firing was retaliation

01/05/2012

Looks like the National Basketball Association will make up for time lost to the lockout by playing on both the basketball and legal courts for the next few months. A former NBA security official claims his firing last summer was retaliation for reporting sexual harassment incidents.

Lawsuit against theater says bias was all in the family

01/05/2012
To prove age discrimination, a fired employee must be age 40 or older and show that she was replaced by someone under 40 who was less qualified. Marcy Starnes, who managed the Carmel Cinema in Putnam County, didn’t have to look far to find her replacement. It was her daughter.

$16M suit could require lots of cuts for trendy NYC salon

01/05/2012
A hairdresser who once worked at Manhattan’s trendy Devachan has filed a sexual harassment lawsuit against the hair salon, where cuts go for $300. It’s a big one, too: She’s seeking $16 million!

Immigration status irrelevant to FLSA and state wage claims

01/05/2012
A federal court hearing a Fair Labor Standards Act case has ruled that an em­­ployee’s immigration status is irrelevant and can’t be mentioned to the jury.

Always seek attorney’s help when drafting contracts

01/05/2012
Creating independent-contractor agreements is not a do-it-yourself job. Always get expert legal help.

Employees and former employees have up to 3 years to file suit under FMLA

01/05/2012

Don’t write off a lawsuit just because a former employee misses state discrimination agency and EEOC deadlines to file a complaint. If the employee has an FMLA-related claim, she has up to three years to file a federal lawsuit. And she doesn’t have to file anything with the EEOC or a New York state or local discrimination agency.