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New York

Employees’ pockets picked while being frisked?

03/04/2011
Employees at Century 21 Department Stores in New York City and Long Island undergo searches every time they leave the store for breaks and at the end of the day. They say the process sometimes takes 15 minutes or longer. The problem: Century 21 makes them clock out first. Employees say that violates the FLSA.

Personality clash or gay bias? Courts decide

03/04/2011
In New York, employees are protected from discrimination based on their sexual orientation. Just as in other discrimination cases, when the conflict is between supervisor and subordinate, courts try to sort out whether the problem is a case of personality conflict or sexual orientation discrimination.

Warn bosses: No retaliation for complaining

03/04/2011

Some supervisors can’t or won’t refrain from finding ways to punish employees who complain about alleged harassment or discrimination. That’s why it’s important for someone in HR to follow up on every complaint—even if it turns out to be unfounded—and ask whether there’s been any retaliation.

Need to discipline employee? Prepare to back it up with contemporaneous records

02/21/2011
Courts love to see good records that support employer discipline—records created at or very near the time events occurred. That’s why every manager needs to know how to document discipline and who gets a copy for later use.

Complying with the Genetic Information Nondiscrimination Act

02/02/2011
In late 2010 the EEOC produced regulations on the Genetic Information Nondiscrimination Act (GINA). The regulations provide employers with specific guidance concerning what information they may gather about their employees, how GINA interacts with the FMLA medical certification process and how any genetic information the employer obtains is to be treated.

Meeting nursing-mother obligations under N.Y. and federal laws

02/02/2011
Today, nursing mothers have options protected by both federal and state laws. New York is at the forefront of the movement to allow mothers to feed their children nothing but breast milk up to the recommended six months.

NYC bakery workers get dough as part of DOL wage settlement

02/02/2011
A Manhattan bakery will fork over $436,000 in back pay, interest and liquidated damages to 27 employees as part of the resolution of a U.S. Department of Labor wage-and-hour lawsuit.

Safety for all: Ensure evacuation plans comply with the ADA

02/02/2011
Although we usually think of the ADA in terms of helping disabled people perform their jobs with or without accommodations, the law also has important workplace safety implications. Under the ADA, you must make sure your emergency evacuation plans take into account the needs of disabled employees. Some issues to consider:

Vague ‘unfairness’ complaints aren’t protected activity

02/02/2011
Before an employee can claim his employer retaliated, he has to show he engaged in a protected activity. But vague claims aren’t enough.

Arbitrators can decide post-termination retaliation

02/02/2011
Good news if you use arbitration agreements: They apply to former employees who claim retaliation based on protected activity. The potential result: You’re less likely to wind up defending a lawsuit in federal court.