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New York

Do supervisors’ ‘Unofficial’ employee files raise any legal red flags?

12/01/2007

Q. We have several supervisors who insist on keeping their own private files on employees in their departments, especially to record absences and comp days. Is this legal? …

Commissions, overtime and the Fair Labor Standards Act

12/01/2007

Q. We have a number of employees who are paid on a commission basis. Are they exempt from overtime under the federal Fair Labor Standards Act? …

Disciplining tardy, exempt employees

12/01/2007

Q. We have an exempt employee who is consistently late a few times a week, arriving anywhere from a few minutes to a couple of hours late. Can we discipline him for being consistently late? In addition, can we require him to work at set times—for example from 9 am to 5 pm? …

Exec claims systemic bias? Don’t shoot the messenger

11/01/2007

If a manager or other high-level employee comes forward with charges the company discriminates based on race, sex or other protected characteristics—stop, look and listen! Unless you are absolutely sure there’s no basis for the manager’s claims, take those charges seriously. Whatever you do, don’t punish the manager or try to drive him out …

No matter how many contracts, OT still starts after 40 hours

11/01/2007

Do you have employees working on different contracts during the same week? If so, you must make sure you add up their total number of hours and pay overtime for the hours in excess of 40 per week. You can’t issue separate paychecks for each contract and avoid overtime payments. The Fair Labor Standards Act clearly states that all hours worked “for a particular employer” count for overtime, even if the work is done on different projects or contracts.

Well-Publicized policy prevents harassment, lawsuits

11/01/2007

Having a clear, comprehensive and responsive harassment policy in place—and advertising its existence—is the best way to prevent a hostile work environment. Not coincidentally, that’s also the best way to avoid legal trouble. Not only can a policy prevent harassment by letting everyone know what’s unacceptable, but it also ensures employees who believe they have been victims of harassment can’t claim ignorance of the available remedies …

No ‘Hands-Off’ status just because of discrimination complaint

11/01/2007

Employers can’t retaliate against employees for filing discrimination claims. But that doesn’t mean you have to treat such employees with kid gloves. Just tell managers and supervisors to apply the “smell test” to any proposed change to the complaining employee’s work assignments …

Track mailing, receipt of any benefits-Change notification

11/01/2007

Employers that change benefits plans beware! Employees are entitled to know when their benefits will change under the Employee Retirement Income Security Act (ERISA). It’s best to make sure everyone knows about the changes before they go into effect—especially if the new plan requires the employee to do something to qualify for a benefit …

Employees can’t sue for ‘Perceived’ religious discrimination

11/01/2007

Unlike several other forms of discrimination—such as discrimination based on perceived disability—being mistaken for a member of a religious group and then being discriminated against based on that mistaken association isn’t illegal …

How to make sure you wind up in court: Block worker’s return from medical leave

11/01/2007

Don’t try to put up artificial barriers to discourage employees returning from medical leave. The employee probably won’t go away quietly. In fact, he may file a lawsuit alleging some form of discrimination under federal or New York employment law. What’s more, a court probably will allow a trial …