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New York

No formal application? No failure-to-hire suit

01/09/2018

Employees sometimes think telling their boss they’re eager to advance is the same as applying for a promotion. It’s not. They will have a hard time winning a failure-to-hire lawsuit if the employer has a formal application process.

Employment law by the numbers: Know which laws count

12/20/2017

Businesses must stay abreast of an alphabet soup of federal laws—ADA, ADEA, FMLA and so forth—each with its own requirements. Further complicating matters, most states have their own laws that override the federal requirements. To comply, you first must know which laws apply to your business.

How long must a light-duty reassignment go on?

12/13/2017
Q. An employee returned after a work-related injury with doctor restrictions. We put her in a light-duty job, but it’s been more than 90 days with no end in sight. She works a full eight-hour day, but not in the job we hired her for. What can we do?

New York proposes rules on paying for unpredictable schedules

12/13/2017

Employers in New York will be subject to new “call-in” pay and scheduling requirements under recently proposed state regulations. The issue is “just-in-time” or “on-demand” scheduling of workers.

Trade Fair Supermarkets owe $500k for safety violations

12/13/2017

OSHA is proposing a $505,929 fine against Trade Fair Supermarkets after investigators discovered workers had been exposed to health and safety hazards at three grocery stores in Queens.

Acme Parts agrees to get the lead out in Brooklyn

12/13/2017

Acme Parts, a Brooklyn company that manufactures brass products, has agreed to pay $40,000 in penalties after a 2016 OSHA inspection revealed high levels of lead throughout the facility.

First Bankers settles ESOP lawsuits for $15.75 million

12/13/2017

First Bankers Trust Services, a New York City firm that calls itself the “premier provider of fiduciary services” to clients nationwide, has settled three lawsuits with the U.S. Department of Labor’s Employee Benefits Security Administration over its handling of three employee stock ownership plans.

It’s up to employees to prove pay bias in EPA suits

12/13/2017

Employees who sue for wage discrimination under the Equal Pay Act have a tough burden of proof to meet.

Be fair about leave requests, or prepare to defend against discrimination lawsuit

12/13/2017

Leave is just as valuable as wages to many employees. That’s why it’s essential to administer leave benefits fairly and equitably.

Prepare to explain necessity of medical exams

12/13/2017

Employers that require all employees to undergo medical exams either annually or following injury or illness may have a hard time justifying their policies under the ADA.