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New York

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.

How to comply with laws regulating criminal background checks

08/06/2018
Employers want safe workplaces. Applicants with criminal records want a chance at gainful employment. Balancing those interests requires paying careful attention to laws that regulate inquiries about applicants’ criminal histories or arrest records.

Cuomo orders DHR campaign on pregnancy discrimination

08/06/2018
New York Gov. Andrew Cuomo has directed the state Division of Human Rights to investigate pregnancy discrimination and develop an outreach program to educate both employers and employees.

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.