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New York

Paid suspensions are safer than unpaid ones

02/01/2007

When you learn that an employee may have committed a crime or other offense that’s serious enough to warrant termination, you’ll naturally want to investigate before making a final decision. …

Are overweight employees due ‘disability’ rights?

02/01/2007

Americans are a well-fed bunch, as statistics show, and now many overweight employees cite their extra baggage as a legally protected “disability.” The good news: Employees carry a heavy burden of proof, especially in the 2nd Circuit …

If you benefit from volunteer labor, prepare to pay for it

02/01/2007

Nonprofits and employers in highly competitive fields often use volunteers to ease labor budgets and try out employees “before they buy.” But unless you structure those situations just right, you’re likely to run afoul of the Fair Labor Standards Act and the New York Minimum Wage Act …

You’re not liable for other states’ discrimination laws

02/01/2007

Good news for New York employers: A new federal court decision says that you don’t have to comply with stricter anti-discrimination laws in an employee’s home state if the person works in New York …

Skeptical of an employee’s ‘disability’? Ask for certification

02/01/2007

When an employee requests a work accommodation for a claimed disability, the ADA requires you to explore possible solutions with the worker. While you shouldn’t put off those discussions, first make sure the employee meets the ADA definition of “disabled,” thus entitling him or her to accommodation …

Crude, foul-mouthed manager can easily spark a lawsuit

02/01/2007

HR professionals beware: Foul-mouthed managers are trouble, and the best policy is zero tolerance …

Train employees to avoid pestering workers who file lawsuits or in-house complaints

02/01/2007

Even if you think an employee’s complaint about alleged harassment doesn’t have legal merit, it makes sense to take steps to stop the offending behavior anyway. Otherwise, if the employee perceives that co-workers are targeting him for more harassment, he can quit and sue …

Illegal firing can cancel terms of noncompete pact

02/01/2007

New York companies that require employees to sign noncompete agreements sometimes make deferred compensation conditional on whether the ex-employee actually complies with that noncompete pact. That’s fine, according to state law. But the deal can collapse, as a new case shows …

Check cashing ‘convenience fee’ is an illegal deduction under state wage law

02/01/2007

If you force an employee to pay a fee to cash his paycheck, you’re violating the paycheck-deduction provisions of the New York Labor Law …

NYC celebrity restaurateur accused of racism

02/01/2007

Even the stereotypical hot-tempered chef is not immune to labor-law complaints, as Daniel Boulud, owner of the Upper East Side’s four-star restaurant, Daniel, recently learned …