• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

New York

It doesn’t matter who started it! Managers must always behave appropriately

08/08/2011

Some employers have strict rules that prohibit supervisors from getting involved in subordinates’ personal problems—or treating them badly. That’s fine. Employers are free to set their own supervisory standards, and a subor­dinate’s behavior doesn’t excuse a supervisor’s out-of-bounds reaction.

Patience–and focus on job performance–are key when dealing with difficult employee

08/08/2011

It’s often quite obvious when an em­­ployee is having personal problems that she needs to resolve. But employers have to treat such an employee carefully to avoid a possible ADA regarded-as-disabled lawsuit. The key is patience and focusing on workplace performance issues rather than any suspected disability.

Health system consultants gain class-action status in FLSA suit

08/08/2011
A New York court has granted class-­action status to a lawsuit filed by ben­efits consultants at a subsidiary of the WellCare health system, who allege they were misclassified as exempt.

Inadvertent segregation? Be able to explain why

08/08/2011
Here’s a caution about workplace logistics such as office assignments, work schedules and other supervisor actions that members of a particular protected class could view as hostile: If the result is any kind of workforce “segregation,” make sure you have a good underlying business reason that has nothing to do with race, sex, etc.

Ban class actions in arbitration agreements

08/08/2011

If your arbitration agreement is more than a year old, chances are it needs updating. That’s especially true if the contract doesn’t specifically ban class-action arbitrations. As a recent 2nd Circuit Court of Appeals decision shows, leaving out that prohibition could prompt an arbi­trator to treat one employee’s complaint as a class action covering many employees.

Worker lost $700: Can we make him pay it back?

08/02/2011
When an employee loses company property or money, what recourse do employers have to recoup their loss? It depends on the applicable state wage law … and on whether you believe the “loss” was really accidental.

When accused harasser says he was harassed, weigh everyone’s credibility–and motive for lying

07/15/2011

It can and does happen when an employee complains that she has been sexually harassed: In the course of the ensuing internal investigation, the alleged harasser says that, in fact, he was harassed—and the alleged victim was the real harasser. What should you do?

Making paycheck deductions in New York is dangerous business

07/06/2011

When an employee owes the company money, it may be tempting to simply deduct it from his or her next paycheck. But in New York, that can be a big mistake. Over the past couple of years, the New York State Department of Labor has issued several opinion letters that significantly narrow its interpretation of New York Labor Law Section 193.

Rank, privilege won’t protect predatory harasser

07/06/2011
People in positions of authority sometimes get away with behaving badly. But when the authority figure is a com­pany owner who harasses and assaults a vulnerable employee, you can expect a court to come down hard on the offender.

Sued for bias? Prepare to hand over personnel files

07/06/2011
Personnel records contain information that’s prime material in any employment discrimination lawsuit. An employee who alleges discrimination is entitled to see how she compares with other similarly situated employees, and can do that by reviewing relevant personnel files.