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New York

Queens business owner must testify about religious beliefs

09/01/2007

Ted Doudak, president of Riva Jewelry Manufacturing in Long Island, was forced to testify in court whether he believes homosexuality is a sin against God, and gays and lesbians are doomed to eternal damnation. The former employee who brought the lawsuit claims he was fired a day after telling Doudak that the employee’s daughter is a lesbian and the employee is gay …

A&P Faces Huge Back-Pay Class-Action Suit

09/01/2007

Thousands of cashiers, clerks, bakers and other hourly employees received the go-ahead for a class-action suit against the Great Atlantic and Pacific Tea Company, the Food Emporium and Waldbaum’s, all part of parent company A&P, for unpaid overtime dating back to 1998 …

Pants suit doesn’t look too becoming on MTA

09/01/2007

A Pentecostal bus driver fired by the Metropolitan Transit Authority (MTA) for refusing to wear pants because it violated her religious beliefs has sued and is receiving legal aid from an Orthodox Jewish organization. Agudath Israel of America came to her aid because Orthodox Jewish women, like Pentecostals, can wear only skirts …

Are your employees headed for overtime? Maybe not

09/01/2007

A Federal Court of Appeals recently ruled that auto mechanics paid on a flat-rate system are exempt from the overtime requirements of the Fair Labor Standards Act (FLSA). The court found that the flat-rate system used in the auto repair industry is akin to a commission system for FLSA purposes. The case opens the door for some employers to restructure their pay system to avoid costly overtime …

Quitting without notice, but getting vacation pay?

09/01/2007

Q. Recently, one of my employees quit without giving notice. I was advised that under New York labor law, I have to pay all earned and unused vacation. Is this true? If so, what can I do to prevent this from happening in the future? …

Shorter vacation for part-Time employee?

09/01/2007

Q. Under New York law, must an employee who works part of the year be paid a prorated vacation? …

Drug testing: Minimize lawsuit risk with smart policy

09/01/2007

You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance-abuse prevention programs carry big-time legal risks if they’re not managed properly. Employers can safely administer drug testing before hiring someone, during a fitness-for-duty test and after a preventable accident …

High court says Labor Dept. right to limit overtime for some

08/01/2007

The U.S. Supreme Court has ruled unanimously in a closely watched overtime case that employees classified as home health care workers aren’t entitled to some Fair Labor Standards Act (FLSA) protections …

Handful of absences not enough to prove actual disability

08/01/2007

Disabled employees are entitled to protection from discrimination, but they must prove that they are actually disabled under the ADA or the federal Rehabilitation Act. And that’s no easy task …

Employees must file discrimination cases within 180 days

08/01/2007

n a 5-4 ruling, the U.S. Supreme Court has handed employers a major victory. No longer will you have to worry that an employment decision you made years—even decades—earlier will come back to haunt you …