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New York

Employment law 101: Beware firing immediately after employee returns from FMLA leave

11/05/2010
If you terminate an employee the day he comes back from FMLA leave, plan on getting sued. Timing alone can be enough for the court to let a jury decide the case. That’s true even if your past practices in similar cases don’t show any pattern of FMLA interference.

No employee handbook or written policy? Good luck proving you take harassment seriously

11/05/2010
One reason employers have handbooks is to protect themselves from surprise allegations of harassment. Without a handbook, they are left with having to show that employees knew how to complain. That’s tough if there’s no documentation that you told them how.

Manhattan’s swank Del Posto restaurant sued for lost tips

11/05/2010
A group of 27 current and former employees at celebrity chef Mario Batali’s Del Posto restaurant are suing the restaurant because they say managers illegally skimmed tip-pool funds meant for service workers.

You can add new rule during medical leave

11/05/2010
It’s OK to change work rules while an employee is out on FMLA or other medical leave. It’s legal, as long as the rule applies equally to every similarly situated employee.

New hire a dud? Have hiring manager fire

11/05/2010
Here’s a practice you should make standard operating procedure: Have the same manager who makes hiring decisions also make the firing decisions. Doing so will cut the chances of a successful discrimination lawsuit.

Adult children and health insurance: Know the new law’s intricacies

10/07/2010
The new Patient Protection and Affordable Care Act significantly changes the health care landscape for many employers. Some aspects of the law took effect in September 2010. Most significantly, employees’ children are eligible for coverage until age 26. The new coverage requirement affects all plans renewing on or after Sept. 23, 2010.

ABM settles harassment charges for $5.8 million

10/07/2010

Century-old, New York City-based building maintenance giant ABM has reached an agreement with the EEOC to settle sexual harassment charges stemming from its operations in California’s Central Valley. The alleged harassment included unwanted touching, men exposing themselves to female employees and rape.

Check time records when employee claims work injury

10/07/2010

Employers are responsible when their employees suffer injuries at work. But what about injuries that happen before the employee clocks in? A federal court has ruled under some circumstances, the employee isn’t eligible for disability benefits.

When personalities clash, document reason for conflict

10/07/2010
You can’t just shrug off co-worker conflicts. Instead, carefully document the problem just in case an employee sues. You’ll be able to show that personality, not discrimination, is the reason for an employee’s problems.

When push comes to shove, no retaliation unless protected right was violated first

10/07/2010

Employees who complain about alleged discrimination or harassment that violates Title VII or other anti-discrimination laws are protected from retaliation for reporting their allegations. But that doesn’t automatically mean every complaint about workplace problems is protected. If the complaint doesn’t touch on clearly identifiable workplace rights, it’s just a complaint.