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New York

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:

Even lawyers ‘lawyer up’ in employment law cases

05/04/2011
Former Ropes & Gray partner Patricia Martone is suing the multinational law firm for age and sex discrimina­tion and ERISA violations. According to her complaint, senior partners pressured her to turn over some of her key clients to younger, male partners. When Martone refused, she says, she was fired.

Eaton Corp. faces sex discrimination suit

05/04/2011
Two former employees at electronics company Eaton Corp. have filed suit in a New York federal court, claiming the company systematically discriminates against women.

Mexican food: Sure it’s nice, but is it art?

05/04/2011
The owners of a restaurant, apparently attempting to capitalize on the growing popularity of cooking as art, have lost their argument that a cook is exempt from overtime under the Fair Labor Standards Act.

Minor mistakes aren’t enough to prove bias

05/04/2011
If you sometimes agonize over firing an employee for fear of litigation, relax. As long as you act honestly, the employee probably can’t successfully sue.

Bias against applicants who never apply? Ruling in case involving criminal background checks

05/04/2011

Under limited circumstances, a job applicant might be able to win a discrimination lawsuit without actually applying for a job. For example, someone could conceivably prove that it would have been be futile to even bother filling out an application. Fortunately, such cases are rare.

Granting reasonable accommodation isn’t enough–you must make sure it actually happens

05/04/2011

It’s one thing to grant a reasonable accommodation request. It’s another thing entirely to make the accommodation happen. Once you have approved an accommodation, someone from HR must ensure the decision is implemented.

Double-check ID records! No-match letters are back

05/04/2011

After a three-year hiatus, the Social Security Administration has resumed sending no-match letters to employers, alerting them when em­ployees’ Social Security numbers don’t jibe with the ones in its database. While it’s unclear whether the resumption will harm employers, now is a good time to make sure your employment eligibility verification processes are in good shape.

Does PDA cover cases of in vitro fertilization?

05/04/2011
Until now, courts have frequently concluded that a woman who is fired for undergoing fertility treatments—that is, fired before becoming pregnant—probably isn’t covered by the Pregnancy Dis­crimination Act. But now a court has concluded that women who undergo in vitro fertilization efforts are protected under the PDA. That’s because only women can undergo the process.