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New York

Training on implicit bias has pluses—and pitfalls to avoid

05/09/2018
Bias plays a part in all discrimination, ranging from race relations to gender and disability stereotypes. Training on implicit or unconscious bias training—if poorly implemented—may backfire, leaving the workplace more divided than it was before.

State of New York has new rules to curb harassment

05/09/2018
The unveiling of New York’s 2019 budget made it clear that the state has maintained its focus on curbing sexual harassment in the workplace. The measures affect both private and public employers. Here are some of the highlights.

Long Island body shop settles to avert collision with DOL

05/09/2018
Farmingdale Auto Collision and its owners have agreed to settle charges the company violated the Fair Labor Standards Act by not paying overtime pay as required by the law.

Foreign subsidiary? Litigation may have to be overseas

05/09/2018
An employer with operations in another nation may be able to push any employment-related litigation away from the United States even if some decisions were made in the United States at, for example, corporate headquarters.

Ignorance may be bliss, but it’s a lousy legal strategy

05/09/2018
Ignoring a lawsuit won’t make it go away. In fact, it almost certainly means a default judgment in the employee’s favor. Be sure managers and executives understand they must take all legal paperwork seriously.

To sue for failure to promote, employee must have actually applied for promotion

05/09/2018
When an employee sues his employer, alleging he was denied a promotion because of some form of discrimination, he must at least show that he applied for the promotion. Merely telling his supervisors that he’s interested in possible promotion opportunities isn’t enough when the employer has a formal application process in place.

Absences due to FMLA can count against calculations for performance bonus

05/09/2018
Generally, time spent on FMLA leave can’t be counted against an employee when, for example, tallying absences under a no-fault attendance program. However, calculations to figure a production bonus don’t have to “forgive” work missed because of FMLA leave.

In the clear on sexual harassment charges, but still on the hook for supervisor retaliation

05/09/2018
It’s true your organization may not be liable for co-worker harassment if the harassed employee knew how to report harassment but failed to use the system. However, there can still be consequences if a supervisor retaliates against an employee who complained or threatened to complain but didn’t actually report the harassment.

Explain why you’re adding essential functions

05/09/2018
Business needs or employees’ personal circumstances sometimes change, necessitating a revision of a job’s essential functions to include additional tasks or qualifications. What happens if that means the incumbent holding the job can no longer perform those essential functions—especially if she’s disabled?

Keep some records from HR decision-makers

05/09/2018
Sometimes, it makes a lot of sense to build a virtual wall between HR staff who handle discrimination complaints and manage litigation and those who review applications and requests for promotion.