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New York

Albany police clerk seeks $35 million

05/07/2008
Shirley Morton, a clerical worker for the Albany Police Department, has filed a $35 million lawsuit against the department and the city, claiming Sgt. Kevin McKenna subjected her to sexual harassment, unwanted physical contact and verbal abuse for 12 years …

Election ’08: What you need to know about what workers think

05/06/2008
Election year politics has a strange way of focusing employers and employees on the larger issues—such as jobs, wages and the economy. HR pros should pay attention to election year buzz. Knowing what’s on employees’ minds as they go to the polls can help savvy employers get a glimpse of the future workplace.

HR protected—But only if it actually helped file bias claims

05/01/2008
What happens if management wants to fire or otherwise punish an employee for discriminatory reasons, and HR objects? Can an HR professional who is then fired for refusing to play ball proceed to file her own EEOC retaliation or protected-activity claim? …

Many serious conditions don’t amount to disabilities

05/01/2008
The ADA protects only truly disabled employees from discrimination. It isn’t enough that someone has been diagnosed with a medical condition—even a serious-sounding one like diabetes or a hepatitis infection. Each ADA case is judged on how the illness affects the individual …

Equal Pay Act claims may hit employers by surprise

05/01/2008
Employers may think last year’s U.S. Supreme Court Ledbetter decision means employees can’t wait years before complaining about sex discrimination if the issue is pay. Surprise! It’s not always true …

You sometimes can boost benefits during union election

05/01/2008
As a general rule, once a union organizing drive is under way at a nonunion workplace, management can’t make any changes to the terms and conditions of employment. But what if the changes management wants to make are ones that the company has routinely made around that same time of year? …

Returning soldiers entitled to equivalent jobs, but not necessarily their old ones

05/01/2008
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is being tested in court, and employers are finding that judges are becoming more flexible when it comes to employers’ rights to manage the work force while soldiers are away …

‘Service charges’ may be tips—And therefore must go to waitstaff

05/01/2008
When entertainment venues sell prepaid tickets, these often include a “service charge.” If the business tells inquiring buyers that the service charge is a tip, and therefore discourages them from leaving additional money, the business can’t keep the money. It doesn’t matter whether the service charge is voluntary or mandatory …

Gov. Paterson accused of race discrimination

05/01/2008
Incoming Gov. David Paterson hadn’t even taken his oath of office before he was hit with allegations of race discrimination during his term as Senate Democratic leader. Joseph Maiorello, a former Senate minority photographer, has filed an EEOC lawsuit alleging Paterson fired him because he is white …

Careful what you wish for at IBM

05/01/2008
Victory wasn’t so sweet for thousands of employees who sued Armonk-based IBM claiming the company had illegally classified them as exempt. IBM agreed to reclassify them, making them eligible for overtime pay. The catch? The company cut their salaries by 15% …