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New York

Manager’s racist comment may seal the deal on hostile environment

09/03/2008

If you don’t punish it right away, even a single racist comment by a manager can result in an employee filing a racially hostile environment claim. Here’s why: If the employee on the receiving end is also being dealt with harshly by her boss, she can effectively link the comment with the other poor treatment …

Employers under court order can’t count on courts to bypass special master

09/03/2008

If your organization is operating under a strict federal court order to correct past discrimination, be aware of this reality: The federally appointed special master has vast power to decide whether discrimination is still occurring and to fix it. It’s unlikely you will be able to move a current case directly into federal court for a quick dismissal. Your best bet is to develop a close working relationship with the special master …

Rochester paralegal’s job goes up in smoke

09/03/2008

The Supreme Court of New York, Appellate Division, upheld the firing of Karen Kridel, a former paralegal with Dibble & Miller, PC, in Rochester, for taking smoking breaks. Kridel customarily took two five-minute breaks from her work each day to smoke …

Madison Square Garden suit hinges on alleged background check bias

09/03/2008

Do criminal background checks lead to bias? The EEOC will have to weigh that question when it investigates discrimination charges filed against Madison Square Garden by Charlene Clarke. Clarke, a black woman from the Bronx, accepted a food worker position at The Garden in September 2007. One month later, the arena withdrew its offer after Clarke’s background check revealed a misdemeanor assault charge …

Keeping Madison Square Garden’s legal team fully employed …

09/03/2008

“The World’s Most Famous Arena” faces a discrimination lawsuit by a suite attendant, Laura Ward, who claims she was denied a prime assignment because of her gender …

It’s official: State employees must pay union dues—indefinitely

09/03/2008

In an era when so few things are certain, it must have been heartening to state labor unions when the New York Legislature and Gov. David Paterson granted them permanent access to state workers’ paychecks. In July, Paterson signed into law a bill that requires all public employees in the state to pay dues …

Arrests begin following enactment of workers’ comp law

09/03/2008

The president and CEO of the Kingsbridge Heights Care Center was arrested in August and charged with failing to provide workers’ compensation insurance for more than 400 employees …

Tale of two cases: How to avoid costly FMLA and ADA mistakes

09/03/2008
Two recent cases exemplify how easy it is for an unaware and unprepared employer to run afoul of employment laws. In one, an employer’s handbook promised more benefits than the law required the company to provide. In another, the employer transferred a disabled employee apparently just to ease a supervisor’s discomfort with dealing with a disabled staff member …

‘Forgot’ to pay overtime? Ignorance of the law is no excuse

08/06/2008
Want to end up paying double or more the overtime you owe? Then ignore the Fair Labor Standards Act (FLSA) and New York labor laws. If you don’t pay what you owe in overtime—on time and accurately—you may end up paying double under the FLSA, going back three years; and 25% more than you owe, going back six years …

Backup firing rationale to beat discrimination claims

08/06/2008
Smart employers don’t leave anything to chance when it’s time to fire someone—especially when the employee facing termination thinks he might have a discrimination claim. Instead of taking a chance that something said during the termination meeting will be misinterpreted, they make sure the meeting includes at least two company representatives …