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New York

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.

New way to collect paid family leave contributions in N.Y.

05/09/2018
The New York Workers Compensation Board has changed its interpretation of regulations governing collection of employee contributions to the state’s paid family leave fund.

The potential opportunities and pitfalls in hiring older workers

04/09/2018
By 2024, labor participation by workers 65 and older is expected to grow 6.4%. An older workforce requires paying careful attention to age discrimination and disability accommodation issues.

The easiest accommodation: Additional time off

04/09/2018
Consider offering additional medical leave as an accommodation—even if the worker isn’t eligible for any more.

Not all accommodations are possible to implement

04/09/2018
Employers, not disabled employees, get to pick the accommodation.

Unfair labor practices can result in union win even if employees voted union down

04/09/2018
Facing a push for unionization? Be careful! If you aggressively resist efforts to unionize and end up committing an unfair labor practice in the process, you may end up with a union workplace, even if employees vote down the union.

OK to enforce no-moonlighting policy against employees who take FMLA leave

04/09/2018
Nothing in the FMLA specifically prohibits employees who take FMLA leave from moonlighting for another employer. But as long as employers clearly communicate it, it’s perfectly fine to enforce a no-moonlighting policy against any employee, including those who take FMLA leave.

Watch out for Section 1981, the ancient law that can put your own assets at risk

04/09/2018
A federal court has made it clear: If a workplace is found to be a racially hostile environment, individual decision-makers are at risk of being held personally liable. Section 1981 of the Civil Rights Act of 1866 sometimes allows for bigger verdicts and personal liability for supervisors, managers, owners and even HR professionals.