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New York

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.

Beware unreasonably tight deadlines for filing internal reports of sexual harassment

03/26/2019
The EEOC believes overly strict time limits tend to discourage reporting and absolve supervisors of responsibility for reporting. Plus, it may embolden harassers to repeat their harassment or escalate it.

Weigh all the risks of bringing criminal charges against terminated employee

03/26/2019
Sometimes employee misbehavior is so egregious that you’re tempted to call the police. But you should think twice before filing criminal charges against a former employee. Consider all the possible consequences.

HR must respond to physically demeaning acts

03/26/2019
When an employee comes to HR to complain about physically demeaning behavior directed her way, pay close attention. Demeaning behavior accompanied by sexist or racist comments, for example, increases the risk that the employee will file—and win—a hostile work-environment case.

Track details of incidents leading to discipline

03/05/2019
Want to make sure discipline sticks? Then details matter. It’s far easier to defend a termination decision if you can show the court that you specifically pointed out the employee’s work problems and offered an opportunity to improve instead of simply terminating her.

NYC is first to ban bias on the basis of hairstyles

02/26/2019
The New York City Commission on Human Rights has issued guidance making clear that the city considers discrimination on the basis of someone’s hairstyle to be a subset of race discrimination.

Court sends NLRB back to drawing board on joint employment

02/12/2019
A recent court decision has added new pressure on the National Labor Relations Board to develop a joint-employer standard that allows employers a reasonable level of control over their relationships with providers of contract labor.

New New York law on gender identity, new wage requirements

02/12/2019
This month, we bring you news on gender identity or expression discrimination, as well as rising minimum wage and exempt salary levels.