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New York

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 …

Goes without saying, but say it anyway: No porn at work

02/01/2008

You would think it’s common sense, but apparently it’s not. While viewing pornography may be perfectly legal in one’s home (with some exceptions, such as that containing images of children), such viewing has absolutely no place at work. The 2nd Circuit Court of Appeals consistently has ruled “the mere presence of pornography in a workplace can alter the ‘status’ of women” and may be objective proof of a hostile environment …

Beware changing recommendation after discrimination claim

02/01/2008

Many employers have strict policies on giving references for current or former employees seeking other jobs: Keep it simple—dates of employment, positions held and pay rates. But sometimes supervisors supply glowing recommendations anyway. They need to know that if they do, they had better be willing to stick with the accolades, even if their relationships with the employees change …