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New York

Beware influence of biased supervisor when making termination decisions

06/05/2009

Here’s a way to guarantee a race discrimination case will go to a jury trial: Let a supervisor with an obvious racial bias participate in the decision to terminate an employee who belongs to the protected class the supervisor dislikes. Even if you have a seemingly legitimate reason to terminate the employee, the supervisor’s involvement will taint the entire process.

Organized labor at your doorstep? Don’t grill employees about their union support

06/05/2009

Unions are flourishing during the current economic crisis, slowly emerging after decades of decline. Chances are, more and more of your employees are being courted by unions, whether your organization is currently a union workplace or not. Now’s the time to educate yourself on what you can and cannot do to discourage union membership.

OK to deny reinstatement if returning worker can’t perform essential job functions

06/05/2009

Employees who have been injured may try to return to positions for which they are no longer qualified because they still suffer limitations on the work they can do. Employers are free to deny reinstatement if the employees’ new limitations mean they can’t perform the essential functions of their jobs, even with accommodations.

Settling case? Consider ‘no rehire’ clause

06/05/2009

The main reason to settle a case is to make the whole thing go away. But when you settle with a former employee, consider the possibility that she may apply for open positions in the future. If you want to avoid a second round of litigation, consider including a “no rehire” clause in the settlement agreement.

Suspect worker isn’t disabled? See if he’s working elsewhere

06/05/2009

Some employees have minor medical conditions they claim make it impossible to perform some aspect of their jobs. They want accommodations, assuming they will meet the ADA disability definition. If you want to challenge such a disability claim, check to see whether the employee is working elsewhere.

Bosses, staff atwitter about social networking sites

06/05/2009

Bosses and employees have very different views of employee privacy when it comes to posting on social networking sites, according to a recent Deloitte survey. Sixty percent of executives responding to the survey said they have a right to know how employees portray their companies online, but 53% of workers said their off-duty posts are none of their employers’ business.

Lawsuits on the rise: Audit your policies to prevent litigation

06/05/2009

The economy is a shambles, and employers are doing everything they can to stay in business. That includes terminations, salary and wage cuts and temporary furloughs. Nearly every one of those moves carries litigation risk. Have your company’s personnel policies and practices had a checkup lately? A comprehensive audit is one of the easiest ways to spot problems.

Looking for work? NLRB has openings

06/05/2009

Cushy government jobs, but a lot of headaches await the successful applicants for two key government jobs. Years of political infighting may be coming to an end soon, as President Obama has sent two names to Congress for confirmation to become members of the National Labor Relations Board.

Rules of the road: Know when to pay hourly employees for travel time

06/02/2009
You don’t need to pay nonexempt employees for their commuting time to and from the workplace. That’s simple. But what if such employees occasionally travel off-site (or even overnight) for work reasons?

Immigration crackdown targets employers—not illegal workers

05/27/2009

Fulfilling a pledge President Obama made during the 2008 campaign, the Department of Homeland Security has announced its immigration enforcement activities will target employers that hire undocumented workers instead of focusing on arresting and deporting the workers.