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New York

Prior harassment? Let supervisor know

02/07/2018

Sometimes, you may want to use a last chance agreement to give a worker who violated your rules a second chance. Make sure supervisors know about it so they can be on the lookout for potential problems.

Make your complaint process retaliation-proof by limiting access

02/07/2018

Access to internal complaints should be on an as-needed basis. Restricting access to those files limits the number of staff members who can be accused of retaliation.

Don’t bad-mouth employees who miss work because of medical crises

02/07/2018

When HR staff make disparaging remarks about employees and their medical conditions, you can count on legal trouble.

No need to engage in accommodation process if disabled employee doesn’t request help

02/07/2018

Except in very rare circumstances, an employer isn’t obligated to provide an accommodation for a disabled worker who doesn’t ask for one. Otherwise, employers would be stuck having to read their employees’ minds.

Note firing for straw that broke camel’s back

02/07/2018

Former employees who sue over their discharge sometimes try to use their employers’ shifting explanations for the termination as evidence that they were fired for discriminatory reasons.

Ensure job descriptions include enough detail

02/07/2018

What you designate as essential functions in a job description can make all the difference when faced with an employee who is demanding reasonable accommodations for a disability.

Joint employment definition takes a pro-employer turn

01/09/2018

A new ruling by the National Labor Relations Board has defined a joint employer as one that exercises “direct and immediate” control over worker activities. For employers, that’s a welcome return to normal after two years of uncertainty.

Legal updates: Safe time in NYC, pay query ban in Albany

01/09/2018

Cities and municipalities continue to pass new laws affecting how employers manage their workforces. Here is a look at the new NYC “safe time” leave law and Albany County’s new rules on interview questions.

OSHA whistleblower awarded more than $173,000

01/09/2018

An employee who was fired for reporting improper asbestos removal procedures at a Gloverville, N.Y. school worksite in 2010 has been awarded $173,794 in damages.

American Airlines offers equity stake to settle ADA bias lawsuit

01/09/2018

American Airlines, along with its subsidiary Envoy Air, has settled a class-action disability discrimination suit for $9.8 million.