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New York

Disabled or not, you’re justified to call regular attendance an essential job function

05/06/2019
Disabled employees are entitled to reasonable accommodations for their disabilities if those accommodations allow them to perform the essential functions of their jobs. But smart employers make it clear that, generally speaking, regular attendance is both expected and essential to the job.

Solid reasons for termination? Fire away!

05/06/2019
If you have compelling reasons to terminate someone and have carefully documented them, there’s really no reason to fear pulling the firing trigger. Just be sure to treat all similarly situated employees the same way.

No racial slurs, no matter who utters them

05/06/2019
The use of racial slurs in the workplace continues to create problems for employers. That’s especially true for epithets aimed at black Americans.

Cooperative dialogue versus interactive accommodations process

04/24/2019
Q. I’m a New York City employer. One of my workers recently requested a copy of the decision to deny her an accommodation. She says she’s entitled to a copy of the cooperative dialogue decision. Do I have to give her something in writing?

Federal vs. New York overtime rules: Do board, lodging and other allowances count?

04/24/2019
Q. Currently, to satisfy the New York state overtime rules, we include board, lodging and other allowances and facilities in that salary. We hit the $679 salary level contemplated in the federal DOL regs already if we include that amount. Do we have to back that amount off?

Start preparing now for new exempt overtime salary threshold

04/24/2019
Employers interested in avoiding a big jump in their overtime costs should dust off plans they probably made in preparation for implementing the 2016 Obama-era proposed salary threshold rule.

Be alert for rumors that can lead to sexual harassment liability

04/24/2019
Parker v. Reema Consulting Services, Inc. deserves a place on a PowerPoint slide to remind the entire workplace that there is no place for false and mean-spirited rumors in the employer’s place of business, and that the spreading of such rumors can potentially have severe consequences.

IBM apologizes for slurs on recruiting website

04/24/2019
IBM offered no explanation of how the terms came to appear on the website.

Cupid’s arrow misses—and so does harassment suit

04/24/2019
Sometimes, a failed workplace romance doesn’t result in a demoralizing and costly courtroom loss!

Fired worker right after she complained about sexual harassment? Prepare for a lawsuit

04/24/2019
If you discharge an employee shortly after she files a sexual harassment complaint, chances are she will sue and allege retaliation. Even if she is off work for a few months, you may end up owing her more than lost wages if she also suffered emotionally.