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New York

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.

No official time records? Court will believe employees

07/13/2018
Employers that don’t keep track of hours worked may be in for a surprise if an employee quits and sues over alleged unpaid time.

Appeals court upholds state agency’s award

07/13/2018
A New York appeals court has upheld a damage award the New York State Division of Human Rights granted to three women who complained that their employer had allowed sexual harassment and retaliation for their complaints.

Calendar alert: Employees may have up to three years to sue for FMLA violations

07/13/2018
Generally, willful FMLA violations are those where it is clear the employer made little or no effort to learn what the FMLA requires or, knowing what the law requires, refused to comply. If a worker can show such disregard, he has up to three years to sue.

Employee’s disability doesn’t give him a free pass to break rules

07/13/2018
Disabled workers are entitled to reasonable accommodations so they can perform their jobs, and freedom from harassment based on their disability. Neither of those protections means disabled workers can’t be criticized or punished for workplace behavior that breaks the rules.

Not every gripe is worth an employee lawsuit

07/12/2018
Some employees think they can sue their employer anytime they believe working conditions aren’t absolutely fair and free from conflict. They’re wrong.