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New York

Keep resignation letter, exit interview notes—just in case

10/09/2009

Employees often don’t think about suing until after they have quit their jobs and moved on. Then they claim they had no choice but to quit because working conditions were so dreadful. Beat such allegations by keeping resignation letters and any notes taken during exit interviews. They help prove the resignation was voluntary.

ADA ruling: Coming to work is an essential job function

10/09/2009

A federal trial court has concluded that coming to work is an essential function of one’s job. Therefore, the ADA doesn’t cover disabled employees who can’t meet that basic requirement.

Home health aide who challenged FLSA exemption dies

10/09/2009

Evelyn Coke, the Queens home health care aide who took her fight against U.S. Department of Labor overtime regulations all the way to the Supreme Court, has died at age 74.

Human Rights law now allows fines for employment bias

10/09/2009

New York employers found to have discriminated against employees can be assessed fines up to $50,000 under new terms of the New York Human Rights Law. If a court finds employment discrimination to have been willful, the fines—payable to the state—may be as high as $100,000.

Courts’ common sense means money back for victorious employer

10/09/2009

In two recent decisions, our firm was successful in recovering monetary relief for employers that had either been victimized by employee wrongdoing or unsuccessfully sued by employees. We covered the first case in “Payback time: Employer wanted its money back—and got it!” Now we’ll discuss a case in which an employer recovered substantial court costs because a court applied plain-old common sense when it looked at existing rules.

New health coverage rules for dependent kids start Nov. 8

10/02/2009

A new federal law takes effect Nov. 8 that extends eligibility for group health insurance coverage to some dependent children age 18 or older who are higher-education students.

So long, Brett: Ex-Jet Favre’s ROI among lowest for QBs

09/30/2009

Think your performance evaluations are tough? Try being an NFL quarterback. Bizjournals ranked all 36 NFL quarterbacks who threw at least 160 passes during the 2008 season to see who delivered the most bang for the buck. Last season’s New York Jets QB Brett Favre placed 34th out the 36 signal callers rated.

Rebound? Pay on the rise, but health insurance could lag

09/08/2009

A survey by consulting firm Watson Wyatt indicates more employers are loosening the compensation purse strings, even as employees will probably bear higher health benefits costs. According to the survey conducted in August, 44% of employers plan to reverse pay cuts made during the economic downturn.

Study shows employers cutting 401(k) matches

09/08/2009

Employees depending on 401(k) accounts for retirement are getting another shock courtesy of the economic meltdown. According to a survey by accounting firm Grant Thornton, 29% of companies have modified or intend to modify their contributions to employees’ 401(k) accounts.

Beware firing ill employee after FMLA expires

09/02/2009

Employers sometimes have the mistaken belief that employees with serious health conditions who have used up all their FMLA leave can be terminated if they can’t return to work. That’s simply wrong. In fact, those employees may be entitled to reasonable accommodations—including additional time off—under the New York State Human Rights Law and the New York City Human Rights Law.