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New York

Date of firing notice–not last day of work–determines when discrimination occurred

09/07/2017
An employee who believes she has been fired for discriminatory reasons has the right to sue her employer as soon as she receives a termination notice. That’s true even if the termination isn’t yet effective.

Explain how maternity, FMLA leave overlap

09/07/2017
Many employers have maternity leave policies that provide a period of paid time off following birth or adoption. That’s fine. But if you intend for paid maternity leave to run concurrently with federal FMLA leave, be sure you spell that out.

Beware trumped up reasons for firing

09/07/2017
Sometimes, it is up to HR to stop bosses from doing the wrong thing—for example, when he is frustrated because he has to accommodate a disabled worker’s medical restrictions. If the supervisor comes up with an obviously implausible reason to fire the worker, expect trouble.

Time spent texting counts as absenteeism

08/17/2017
Workers who waste time on their personal electronics may be present physically but otherwise absent.

What you need to know about the new Form I-9

08/13/2017
U.S. Citizenship and Customs Enforcement has issued a new Form I-9 that employers must begin using by Sept. 18, 2017. The release shines a spotlight on employers’ interaction with government agencies that enforce immigration laws.

New York’s new paid family leave law: Your questions answered

08/03/2017
While we wait for final regulations implementing New York’s new law mandating paid family leave, here are answers to some of the more frequently asked questions about it.

EEOC sues M&T Bank, alleging disability bias

08/03/2017
When Buffalo-based M&T Bank purchased Hudson City Savings Bank, it got a little more than it bargained for. It inherited the fallout from HCSB’s “100%-healed” policy, which requires employees to take sick leave unless they could work with no medical restrictions whatsoever.

Want arbitration? Consider opt-out provision

08/03/2017
One of the most difficult aspects of creating a binding arbitration agreement is the almost inevitable litigation over whether the agreement you presented to workers is a legally binding contract. This case shows one way to make a contract binding: Allow employees to opt out up front.

ADA hostile environment claim moves forward

08/03/2017
To date, the 2nd Circuit Court of Appeals has not ruled definitively that the ADA provides an avenue for a claim of a hostile work environment based on disability. That may soon change. A lower court has approved such a case for trial.

Include it in management training: You just can’t use racial slurs!

08/03/2017
Make sure every boss understands that they may never utter obviously racially offensive slurs at work. Even one instance can, under the wrong circumstances, trigger a lawsuit.