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New York

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.

Can being ‘overly friendly’ equal harassment?

05/26/2009

Title VII protects employees from discrimination based on sex, and sexual harassment is sex discrimination. Essentially, the law protects employees from harassment because of sex—and that can include same-sex harassment. But at what point do friendships among co-workers run the risk of slipping into dangerous territory?

Talk of one’s gay partner isn’t harassment

05/06/2009

Employers are rightly sensitive about the effects of any kind of sexually explicit talk at work. That’s because some employees are looking for anything to sue over. But now the 2nd Circuit, which has jurisdiction over New York, has handed down a ruling sharply limiting frivolous cases that could have set unrealistic employer obligations.

Being overly friendly isn’t harassment

05/06/2009

Title VII protects employees from discrimination based on sex, and sexual harassment is sex discrimination. That doesn’t mean, however, that every unwanted work relationship is sexual harassment. As a recent case shows, an obsessive interest, unrelated to sex, by one employee in another isn’t prohibited.

New York ranks 46th on business tax index

05/06/2009

New York finished better than just four states in the Small Business and Entrepreneurship Council’s (SBEC) Business Tax Index for 2009. The SBEC annually assesses the tax climates for business and entrepreneurs in the 50 states and the District of Columbia.

Crack down on association discrimination before it lands you in court

05/06/2009

Does your organization allow or tacitly condone it (by ignoring it) when employees criticize a co-worker who associates with members of a different protected class? If so, you should be aware that disciplining that employee can bring on a lawsuit.

Boss who hired also fired? Back it up anyway to defend against discrimination claims

05/06/2009

Employers are often advised to have the same managers who hired an employee also make the termination decision. The idea is that doing so may scuttle a discrimination lawsuit because it’s illogical for a manager to hire a member of a protected class and then turn around and fire him because of bias against that protected class. Don’t use it as an excuse to get sloppy with record-keeping and documentation.

Don’t worry about retaliation charge if all you did was ask worker to fill in

05/06/2009

It should come as no surprise that employees look for subtle as well as blatant retaliation. In one recent case, the employee thought that being asked to fill in (without being paid extra) for another employee who was on maternity leave was retaliation for her own discrimination complaint.

Be sure to document every employee problem

05/06/2009

You never know which employee will sue you, or when. Take, for example, promotion opportunities. Employees who aren’t picked may think the reason was discrimination. Then they sue. How will you support your promotion decisions?