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New York

New York enacts more generous paid voting leave rules

07/19/2019
The law virtually guarantees that all employees who request time off for voting must be granted sufficient paid time off to enable them to vote, up to a maximum of three hours.

NLRB changes solicitation rules to favor employers

07/19/2019
The National Labor Relations Board in June issued a decision that reversed a longstanding precedent by holding that employers may bar nonemployee union representatives or organizers from soliciting employees or promoting union membership in public areas within an employer’s facility.

State of NY bans bias on the basis of hairstyles

07/19/2019
New York has become the second state to make it unlawful to discriminate against employees or applicants on the basis of the person’s hairstyle.

Classic ADA accommodation: Adjust work schedule

07/19/2019
Schedule changes may be inconvenient, but they’re an easy way to accommodate many disabilities. Courts aren’t likely to sympathize with employers that refuse to adjust a disabled employee’s schedule.

Retaliation claim can stick even if bias claim fails

07/19/2019
One of the worst mistakes an employer can make is to punish a worker for a baseless discrimination complaint. Retaliating may give that worker a winning lawsuit claim even if the original discrimination case had no chance.

Warn managers: Snide remarks, dismissive comments could trigger a lawsuit

07/19/2019
Sometimes, a manager who doesn’t like an employee will find a way to lash out while staying within the letter of anti-discrimination laws. Example: Refusing to address an employee by name, but instead using a dismissive term, can be a big mistake.

Court rejects request to add novel claim

07/19/2019
Good news at a time when employees are finding more ways to sue: A federal court has rejected a novel claim that could have spelled trouble for employers.

Timely documentation: Your best legal defense

07/18/2019
What’s the best thing employers can do to win more lawsuits? Document every workplace decision contemporaneously, at the time you make it.

Keep all drafts of disciplinary documents

07/17/2019
Sometimes, a performance appraisal or disciplinary report will go through several drafts. It’s a good idea to keep every one of those preliminary versions. If you are sued, you may be glad you retained the draft versions.

Poor review alone isn’t enough to win lawsuit

07/11/2019
Employees generally must show they suffered an adverse employment action before they can win a discrimination lawsuit. Merely receiving a poor evaluation, without other consequences, isn’t enough.