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New York

Beware close timing between FMLA leave and discipline

04/15/2019
The closer a termination comes to the end of a worker’s FMLA leave, the more likely she may win an FMLA-retaliation lawsuit.

Shouting match doesn’t count as mediation

04/15/2019
If, during an investigation, you must bring an employee and her alleged harasser together to find out what happened, don’t let the meeting turn into a shouting match.

Consistency is key when deciding how to discipline for excessive medical absences

04/15/2019
Employers don’t have to keep disabled employees on the payroll after they have exhausted all available leave and received a reasonable accommodation of taking more time off. That doesn’t mean you can arbitrarily pick and choose which employees you discharge.

Prepare to prove discipline has been consistent

04/03/2019
If you need to fire someone for breaking a rule, document the exact rule he broke. Then check to see how you punished others who broke the same rule. Be prepared to show how their situations compared to the current case.

Threatening to reduce employee’s bonus isn’t enough to justify quitting

04/03/2019
A grieving husband has lost a lawsuit that claimed he had no choice but to quit after his employer threatened to reduce his bonus if he continued to take time off to recover from a tragic personal loss.

Do vacation, sick leave buy-backs factor into overtime pay?

03/26/2019
Many employers that provide sick leave and vacation leave time have a policy or practice that allows employees to “sell back” their accrued but unused time. Do these payments for sick and vacation time have to be counted as part of the employee’s regular rate of pay for the purpose of computing overtime?

OSHA fines, criminal charges after Manhattan crane plunge

03/26/2019
A Missouri company working on an East Harlem construction project last year face OSHA fines after a small crane tumbled out of a fourth-floor window, critically injuring three workers.

Justify layoffs by citing economic conditions

03/26/2019
Document why you need to lay off employees, especially if it’s because of economic reasons. It’s hard for a laid-off worker to argue discrimination if it’s obvious that fiscal realities forced job cuts.

Gig economy: Is that an employer or just software?

03/26/2019
A court has affirmed that an online company that connects workers with potential clients is not an employer for unemployment compensation benefit purposes.

Court won’t referee popularity contest: Being disliked isn’t grounds for lawsuit

03/26/2019
Some workers seem to believe that any slight or negative comment is grounds for a discrimination lawsuit. Fortunately, that’s not the case.