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New York

After harassment, court takes bite out of Stellar Dental

09/24/2018
A New York state court has ordered Buffalo-based Stellar Dental Care to pay more than $200,000 after it failed to address severe sexual harassment by a dental assistant.

Public employee free-speech rights have limitations

09/24/2018
Public employees who speak out on matters of public concern are protected from retaliation for doing so. But not every comment is protected.

Document all requests for disability-related leave

09/24/2018
Does your attendance policy penalize employees who rack up a certain number of absences? Make sure managers report any disability-related accommodation requests involving time off so you can exclude those absences from the count.

Before discharge, audit disciplinary practices to detect possible pattern of discrimination

09/24/2018
If you find an evaluation that’s as negative or worse than that of the employee you are about to terminate, and that person wasn’t fired, ask: Do the two employees belong to different protected classes?

When alleged harasser holds high rank, take extra care to thoroughly investigate

09/24/2018
If a worker comes to HR with a complaint that someone has sent him sexually oriented images, take that report seriously—especially if the alleged sender is a supervisor.

Not all shift change denials are retaliation

09/24/2018
Courts have long held that, after an employee files a discrimination complaint, it may be retaliation to change her shift to punish her. But what if the complaining employee requests a shift change and the employer denies that change?

EEOC: NYC hotel provides poor accommodations

09/24/2018
The EEOC has filed suit against the Grand Hyatt New York, alleging the Manhattan hotel violated the ADA when it discontinued an apparently successful disability accommodation without demonstrating that it constituted an undue burden.

Yes, emailed arbitration agreement is valid

09/20/2018
These days, an electronic signature on an acknowledgment receipt is as good as a handwritten signature on a piece of paper. That’s true even for actual contracts such as arbitration agreements.

Taking a chance on barely qualified applicant? Prepare to document any shortcomings

09/03/2018
You may be tempted to take a chance on hiring someone who doesn’t have the exact experience or education you usually look for. But be careful. If you end up having to terminate the employee, be prepared to show exactly why he wasn’t meeting your standards.

New tip rules: Prepare for a deep dive into the tip pool

08/06/2018
Employers have long been allowed to pay tipped employees less than the usual minimum wage. In some industries, tips have traditionally been pooled, so “back-of-the-house” staff can share in customers’ generosity. But the informality of tipping means it is a surprisingly complicated wage-and-hour issue.