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New York

Keep all medical records confidential! Otherwise, normal lawsuit rules don’t apply

06/03/2011

Employers are used to breathing a sigh of relief when 300 days pass without learning that a former employee has filed a discrimination complaint with the EEOC or the New York State Division of Human Rights. They assume that missing the deadline means the employee won’t be able to sue. Not so fast!

Former Rochester schools chief, now in Chicago, under fire

06/03/2011
Educators in Rochester are suing Jean-Claude Brizard, who headed the city’s school system for three years before being tapped to run Chicago’s schools.

Fed contractors may face more EEO reporting requirements

06/03/2011
A U.S. Department of Labor proposal would dramatically increase the amount of affirmative action and equal employment opportunity information federal contractors must provide to the DOL’s Office of Federal Contract Compliance Programs.

Reconsidering decision? Act fast to fix it

06/03/2011
Here’s a tip for employers that make snap decisions and then quickly reconsider: Don’t hesitate to fix the problem; that could convince a court to toss out a lawsuit.

Some work at home doesn’t make commute paid

06/03/2011
Some hourly employees have begun to argue that if they begin the day with a few work emails, they should be paid for the time they spend commuting to work. Fortunately, a 2nd Circuit Court of Appeals panel has nixed that argument. Had the case gone the other way, employers could have faced huge bills for paid commuting time.

Benefits 101: Understanding fundamental ERISA compliance

05/31/2011
The Employee Retirement Income Security Act of 1974 sets minimum standards for retirement and health benefit plans in private industry. ERISA does not require any employer to establish a plan. It only requires those that do to meet certain standards. Complying with ERISA can be difficult because it is a complex law. There are three components to compliance:

Use fair progressive discipline and clear documentation to prove you’re not biased

05/13/2011

It happens—employers make mistakes. Under most circumstances, however, those mistakes won’t turn into successful employee discrimination lawsuits. That’s because employees have to prove that both the decision and the underlying facts were wrong and were used as an excuse to discriminate.

Not all offenses are equal–make the punishment fit the ‘crime’

05/13/2011

When disciplining conduct that violates company policies, remember that you have leeway to come up with appropriate punishment based on the specifics of each incident. Just make sure you document the conduct, what rules it violated and why each employee deserved the punishment he or she received.

Check your FMLA policy: Does it comply with new leave expansions?

05/04/2011
Congressional actions often grab the headlines, but recent executive branch moves have subtly expanded those who qualify for leave under the Family and Medical Leave Act. Make it a point to regularly review your FMLA policy to ensure it is up-to-date and complies with the latest laws, court decisions and Department of Labor regulations and interpretations.

N.Y. offers tools for Wage Theft Prevention Act compliance

05/04/2011
The New York State Department of Labor has issued notification templates New York employers can use to comply with the state’s new Wage Theft Prevention Act. The law, which went into effect April 9, requires employers to provide every employee with a statement detailing the following information: