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New York

Transfer after taking FMLA leave? That could be considered retaliation

06/13/2019
If you transfer an employee soon after she has returned from FMLA leave, you could wind up facing an FMLA retaliation lawsuit. And as long as the employee can show the transfer was motivated by the use of FMLA leave, she can take a lawsuit to a jury.

HCE exemption hard for worker to challenge

06/13/2019
Employees who earn at least $100,000 per year to perform office work and at least one duty required under the Fair Labor Standards Act’s administrative, executive or professional classifications may be considered Highly Compensated Employees who are exempt from the law’s overtime requirements. Few workers who challenge an HCE classification win.

Act immediately to put a stop to harassment

06/13/2019
Employers that take every sexual harassment complaint seriously, investigate the allegations and act fast to stop it usually prevail if an internal complaint turns into a lawsuit. A recent case demonstrates what employers should routinely do.

No cannabis testing for NYC employers starting in 2020

06/13/2019
If you are a New York City employer, now is the time to ensure your drug testing policies and job applications do not mention testing for marijuana or THC.

When exempt ‘managers’ do all work, expect lawsuits

06/13/2019
When retail managers you classify as exempt from the Fair Labor Standards Act’s overtime provisions end up doing the bulk of the work in the store, you may have a misclassification problem.

Flight attendants say JetBlue failed to investigate rape

05/23/2019
Two female JetBlue flight attendants allege they were drugged and one was raped by two JetBlue pilots during a layover in Puerto Rico. They reported the incident to JetBlue, but have now filed a lawsuit alleging the airline did not investigate their allegations.

DOL opinion letter on FMLA timing muddies the waters

05/06/2019
Employers must run FMLA leave concurrently with any paid leave an employee takes for an FMLA-qualifying condition, according to a new opinion letter from the U.S. Department of Labor.

Court upholds ‘13 Hour Rule’ for 24-hour home health aides

05/06/2019
The New York State Court of Appeals has issued a ruling that will have a significant positive impact on home care agencies across the state.

Complaints at tony Manhattan salon led to hair ordinance

05/06/2019
Discrimination complaints from employees of the exclusive salon Sharon Dorram Color at Sally Hershberger contributed to a New York City Human Rights Commission decision earlier this year to label hair discrimination as a form of racial discrimination.

Always respond to harassment charges, including same-sex incidents

05/06/2019
Here’s a warning to employers that ignore sexual harassment complaints from men who claim another man harassed them.