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New York

Do employees have the right to access their personnel files?

03/01/2008

Q. One of our employees is having disagreements with his supervisor over performance issues. The employee has asked to see his personnel file. Does he have a legal right to see his file? …

Must we release former employees’ files?

03/01/2008

Q. I recently got a form in the mail, signed by a former employee, authorizing release of her personnel file to her attorney. Must I honor it? …

Must we release employee files in response to a subpoena?

03/01/2008
Q. We recently received a subpoena to turn over an employee’s personnel file. The employee is a party to a lawsuit; the company is not. Do we have to comply? Should we tell the employee?

What goes into a personnel file?

03/01/2008

Q. What kinds of information and documents should we keep in our personnel files? …

What to do with the ‘Informal’ personnel files our managers keep

03/01/2008

Q. In addition to the official personnel files we keep in HR, our supervisors keep informal or working files. Is this allowed? Does this practice present any concerns? …

CVS fined for child labor, overtime and timecard violations

03/01/2008

CVS Caremark Corp. was fined $226,000 by the U.S. Labor Department for changing employee timecards and violating child labor laws. The department found 43 violations at stores in New York and six other states …

New York partners with IRS on employment tax enforcement

03/01/2008

New York is one of 29 states that have signed memoranda of understanding with the IRS to share enforcement information on employment tax collection matters. The move is part of the IRS’ Questionable Employment Tax Practices initiative …

No need to reinstate if disability leave extends past FMLA

02/01/2008

After using up their available 12 weeks’ unpaid FMLA leave, many new mothers request additional time off. If you agree to additional time off to be covered by a short-term disability policy, check to see if that policy includes job protection. If it doesn’t, you don’t have to hold her job or even reinstate her. Don’t, however, start the search for her replacement while the employee is still on FMLA leave …

Stick with measurable, objective standards when discharging

02/01/2008

Concerned that any discharge decision you make will be second-guessed by a court or jury? Ease that worry by adopting a fact-based approach to discipline that relies on easily proven and verifiable work problems. Avoid generalities such as “just not working up to potential” or “not a team player and others have to pick up the slack.” Instead, go for the specifics …

When harassment suit looms, prompt action saves the day

02/01/2008

Open a New York newspaper and chances are you’ll see a headline featuring an employer in deep trouble for allegedly allowing an atmosphere of sexual or racial harassment to flourish. When you receive such a complaint, act immediately. Don’t wait. Often, that’s exactly what the employee’s attorney is hoping. Instead, investigate and reach a conclusion …