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New York

Don’t take the rap for harassment after hours

05/04/2011

Courts are beginning to realize that there is only so much an employer can do to prevent sexual harassment. Take, for example, off-duty and off-premises sexual harassment. While employers probably are responsible for a supervisor’s sexual assault or harassment, chances are they won’t be held liable for the same conduct by a co-worker.

Have a progressive-discipline system? Great! But reserve right to fire immediately if necessary

04/15/2011
Many employers have a progressive-discipline system. Usually that’s good. But sometimes you may need to deviate from the disciplinary script. To keep your options open, make sure you explain that the disciplinary system is for guidance only, and that you reserve the right to apply the rules based on the individual circumstances of a particular case.

2011’s biggest wage-and-hour issues–and what to do about them

04/06/2011

This year is shaping up to be a tough one for organizations worried about employment law issues. So far, the U.S. Supreme Court has decided three big employment law cases—and every time, ruled in favor of employees. The latest expanded employer retaliation liability under the FLSA. But that’s not this year’s only press­ing wage-and-hour problem. Pay atten­tion to these other issues:

Amityville Fire Department settles age bias lawsuit

04/06/2011
A group of volunteer firefighters for the Amityville Fire Department will share $209,280 after they settled a lawsuit alleging discrimination in the way cash bonuses were handed out.

Don’t ignore lawsuit! It won’t go away

04/06/2011

Pass along this reminder to supervisors: Any legal documents they receive must be forwarded right away to HR and your attorney. Other­wise, you could miss important deadlines. Worse, you could automatically lose the case, even if it has little merit.

Overtime suit takes big slice out of pizzeria

04/06/2011

Mama’s Pizzeria in Copiage will be serving up $780,000 in back pay and liquidated damages to its 40 employees to settle a federal lawsuit. An investigation by Wage and Hour officials found that many of Mama’s employees were forced to work 70 to 80 hours a week without receiving overtime pay.

Quick self-audit may allay discrimination fears

04/06/2011
When an employee complains about some form of discrimination, review the record to help you assess the claim. For example, if the employee says he didn’t get a promotion because his fe­male supervisor favors women, looking over her promotion practices won’t take long and can reassure you that the employee has no case.

Firing for poor work or rule breaking? Clear business reason will beat lawsuit

04/06/2011
Most workers are at-will employees, who can be fired for any reason or no reason at all, as long as your actions don’t violate anti-discrimination laws. That can tempt some supervisors to get lazy and fire a difficult employee without documenting exactly why. That’s a big mistake.

Courts to serial litigants: Enough is enough! Lawsuit-happy employees may face fines

04/06/2011

Some employees and applicants think that if they sue often enough, they’ll eventually end up collecting the pot of gold at the end of the rainbow. Fortunately, judges don’t like wasting valuable courtroom time on meritless cases. More and more, they are blocking efforts to file additional lawsuits by employees acting as their own lawyers.

Be prepared to root out hidden harassment: EEOC files a whopper against Burger King

04/06/2011
When a former Burger King employee complained to the EEOC that she had been sex­ually harassed at one of the chain’s restaurants in Glens Falls, N.Y., the EEOC sprang into action. As part of its efforts to stop sexual harassment against teenage employees, the agency began looking at more than 350 Burger King restaurants in 16 states. The agency eventually sued.