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New York

No sovereign immunity for public school bodies

03/06/2009

Generally, state agencies can’t be sued in federal court for federal employment law violations unless they have explicitly agreed to give up their right to sovereign immunity. Even so, federal courts are reluctant to leave employees out in the cold.

Study cites New York as a hotbed of wage-and-hour claims

03/06/2009

A recent report offers some ominous news for New York employers. New York is one of eight states that saw an increase in class-action wage-and-hour cases filed in state court last year, according to the Seyfarth Shaw law firm’s new Workplace Class Action Litigation Report.

9 New York employers make Fortune ‘best to work for’ list

03/06/2009

Nine companies headquartered in New York have made Fortune magazine’s 2009  “100 Best Companies to Work For” list. Seven of the firms are based in New York City. Two Rochester companies also made the cut.

Shared Work Program helps workers cover reduced hours

03/06/2009

The state Labor Department wants you to know there is an alternative to cutting staff during the downturn. Employers that reduce work hours for full-time employees instead of laying them off may qualify for the Shared Work Program.

J.C. Penney to pay $50,000 to end race discrimination case

03/06/2009

J.C. Penney has agreed to settle a racial discrimination suit filed by Reinell Singh, an African-American employee at a Staten Island store. Singh alleged her supervisor used racially offensive names when referring to her and ultimately fired her because of her race.

Coping with seriously ill employees and inquisitive co-workers

03/06/2009

It’s sad enough when an employee becomes seriously ill. What makes it tougher is that work doesn’t stop. Responding to these challenges requires tact, sensitivity and flexibility. Mistakes can mean not only hurt feelings but also potential legal liability problems. The key is balance …

Stacks of résumés are no excuse for sloppy hiring practices

03/06/2009

Despite the daily economic lamentations, some employers are still hiring. Those employers may think they are in the catbird seat because they may have hundreds of applicants for each position. But a bonanza of applicants is no excuse for shoddy hiring practices. You must make sure they comply with state and federal laws.

Double duty: Regulating moonlighting and following the law

03/03/2009

As the economy heads south, many of your employees have probably considered—or already found—second jobs to supplement their incomes. Most of the time, moonlighting poses no conflict with your organization’s work. But an employee’s second job could lower productivity and morale. It could create liability for you.

New economic stimulus law includes HR-related provisions

02/24/2009

The economic recovery and stimulus bill President Obama signed Feb. 17 features several provisions affecting HR. Most require federal agencies to write new administrative rules, so it’s difficult to predict now exactly how they will work on an everyday basis. Here are some key provisions in the American Recovery and Reinvestment Act.

Can we be liable for revoking a job offer?

02/19/2009

Q. We recently made a job offer to someone, rescinded the offer and then hired another applicant two months later. Is there anything illegal about that?