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New York

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.

Not all unwanted touching is harassment

07/12/2018
Workers who sue for harassment must still provide evidence that the motivation for the touching was somehow related to sex and not just part of a pattern of nonsexual touching meted out to everyone, male, female, heterosexual or gay.

Justify discipline by documenting the reasons at the time you decided to act

06/22/2018
Courts hate to second-guess employers’ disciplinary decisions. If you are sued for discrimination, give judges every reason to believe that your organization isn’t biased. The best way is to detail the surrounding circumstances that gave rise to discipline.

Supreme Court sides with employers on arbitration class action waivers

06/14/2018
In May, the U.S. Supreme Court ruled 5-4 that employers may include language in arbitration agreements that bars employees from filing class-action lawsuits to resolve employment disputes. It’s a huge win for employers.