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New York

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.

Expressing concern about employee’s condition isn’t enough to show disability discrimination

07/06/2011
When a disabled employee reports a relapse or worsening condition, it’s natural to express sympathy. As long as that expression doesn’t show prejudice or stereotypical views about the condition or disabled individuals in general, that won’t put you on the losing end of an ADA lawsuit.

When employee’s partner has difficult pregnancy, be prepared to offer ADA accommodations

07/06/2011
Here’s a novel legal theory of disability law that may spell trouble for some employers: Criticizing and punishing a worker whose partner is experiencing a complicated, disabling pregnancy may be association discrimination under the ADA.

Follow up regularly after bias complaint

07/06/2011

There’s no set standard for the amount of time that must pass between a discrimination complaint and an adverse employment action for it to qualify as retaliation. In fact, federal judges hearing retaliation claims have wide discretion in determining whether something may be retaliation based on timing alone. To be safe, periodically follow up with employees who have complained about bias.

Consider paying for ‘uniform-like’ clothing

07/06/2011
Restaurants and retailers often have strict dress codes for employees; for example, black polo shirts and khaki pants. These aren’t uniforms—there aren’t any logos on the shirts—but the goal is to create a consistent look for employees. The best approach may be to pay for employees’ clothing rather than risk class-action litigation over who should be covering the cost.

Is Brooklyn Botanical Gardens fertile ground for bias?

06/17/2011
The former head of security at the Brooklyn Botanical Gardens has filed a lawsuit claiming the institution discriminates against blacks, and that he was fired in part because of his age.

Dunkin’ Donuts store pays for not investigating harassment

06/17/2011
The owner of a Dunkin’ Donuts franchise will pay $290,000 and agree to enter into a six-year settlement agreement after it refused to investigate charges that the store manager was sexually harassing female workers. Many of the employees were just 16 and 17 years old at the time.

When workplace romance goes bad, fall back on sexual harassment policy for discipline

06/17/2011

It’s bound to happen eventually: Two of your employees will have an affair. Then one of them will break it off, leaving the other hurt, angry and perhaps vengeful. It’s all a recipe for disaster—and HR will have to manage the situation. You can punish them both, assuming they are merely co-workers. But if your rules aren’t very specific, you’ll have to be careful.