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New York

Hospital didn’t discriminate during downsizing, court rules

04/01/2007

In reversing a lower court’s decision, the New York Supreme Court recently agreed to dismiss a race- and age-discrimination lawsuit filed against New York Westchester Square Medical Center (NYWSMC) …

Can porn surfing be a ‘disability’? Lessons from the IBM case

04/01/2007

When employees use their work computers for inappropriate purposes, such as scouring the Internet for pornography, interacting with minors for sexual purposes or transmitting pornographic images, they violate the law and put their employers at risk …

State law prohibits dipping into employees’ tip pool

04/01/2007

New York employers in the restaurant industry need to be vigilant. The state’s minimum wage law places tight restrictions on how you divvy up money collected in a tip pool …

Your informal promotion process: A legal red flag

03/01/2007

Most HR professionals recognize the legal risks of hiring outside applicants, but they often let down their guard when it comes to internal promotions …

Any ethnic stereotype, even a positive one, can trigger a job discrimination lawsuit

03/01/2007

Most supervisors know that it’s illegal to voice negative racial, age or gender stereotypes in the workplace. But they may not realize that positive stereotypes also can lead to trouble …

Can telecommuters file lawsuits in their home state?

03/01/2007

Before allowing employees to work from home or another remote location, consider the risk of making your organization liable under anti-discrimination laws in the state or city where that telecommuter lives …

Seek Written OK for Internal-Complaint Resolutions

03/01/2007

The aim of any good harassment policy is to stop problems before they turn into a litigation nightmare. Reaching a compromise early, even when you aren’t convinced anything illegal has happened, makes sense if that settlement doesn’t lead to a retaliation lawsuit later …

Before reorganization, draw up a staff contingency plan

03/01/2007

Are you planning to use an early-retirement incentive to help reduce the size of your work force? If so, it’s wise to prepare contingency plans for the remaining open positions and carefully document them …

Allow accusers to bypass supervisor to file complaints

03/01/2007

A sexual harassment policy is worthless unless it clues in those who really need to know what’s going on at the shop level. Don’t think you’re in the clear just because you have a policy and tell supervisors to stamp out harassment …

Failing to pay overtime? You could face a double whammy under federal and state law

03/01/2007

New York employers should be aware of a potential double hit if they fail to pay employees the correct amount of overtime pay: The Fair Labor Standards Act entitles employees to double the amount of overtime pay they’re due, and the New York State Labor Law tacks on an additional 25 percent bonus …