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New York

Sex-for-job quid pro quo indefensible in court

08/06/2018
Make sure you police what your managers and supervisors are doing when hiring applicants. A demand for sex in exchange for a job is basically indefensible.

Ignore a lawsuit, prepare to pay millions

08/06/2018
Do you have a solid process for making sure that any lawsuits filed against you are promptly processed and sent to your attorney? If not, you risk a potential default judgment that can cost you a million dollars or more.

Layoffs and union contracts: When seniority collides with disability, seniority prevails

08/06/2018
When conducting layoffs, some employers give preference to more experienced workers, letting them keep their jobs while less senior workers must go. Disabled employees who get bumped may claim they should have been given preference, keeping their jobs as a reasonable accommodation.

Slower pace not a reasonable accommodation

08/06/2018
Employers are supposed to offer reasonable accommodations so disabled employees can perform the essential functions of their jobs. That doesn’t mean, however, that disabled employees can insist on lower production standards or the ability to do their jobs at their own pace.

You must provide space to pump milk

08/06/2018
Employers that haven’t yet made arrangements for providing new mothers with a private place to express milk for their infants beware: Failing to do so violates a host of laws aimed at protecting the right to nurse.

Home Depot could pay for mishandled firing

08/02/2018
Maurice Rucker, a 60-year-old black man, was a long-time employee at a Home Depot store in Albany, N.Y. He doesn’t work there anymore. His response to a customer’s racist rant got him fired.

When punishing harassment, you may discipline different perpetrators differently

07/14/2018
Employers investigating workplace harassment accusations may wonder if all the alleged perpetrators must be disciplined equally harshly. You do have some discretion in how you mete out punishment. Just make sure you can later justify why one party was less culpable or deserved a lesser punishment than others.

Review your handbook: NLRB changes the rules on workplace rules

07/13/2018
The National Labor Relations Board last year overturned an established standard for determining if workplace rules comply with the National Labor Relations Act. Now the NLRB has issued a memorandum providing employer guidance.

Post-Janus, N.Y. legislation favors public-sector unions

07/13/2018
The Supreme Court’s decision in Janus v. AFSCME struck down as unconstitutional the Illinois fair share law and similar state laws, including New York’s. This decision could be devastating for New York public-sector unions.

Fines for fatal fire at Orange County, N.Y. cosmetics maker

07/13/2018
OSHA has issued fines in the wake of its investigation into a massive fire in November 2017 that killed an employee at Verla International’s factory in New Windsor, N.Y.