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New York

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.

Staffing patterns don’t prove workplace bias

08/03/2017
Some employees think that if they point out racial homogeneity in a particular office or function, they will be able to persuade a court that they have been discriminated against—even if they have no proof that anything bad happened to them.

U.S. Supreme Court concludes term light on employment law

07/19/2017
The U.S. Supreme Court term that ended in June was most defined by the addition of new Associate Justice Neil Gorsuch in April. The High Court had been operating short-handed since February 2016, when Justice Antonin Scalia died. Few of the cases decided affected employment law.

Out-of-state employers can be liable under NYHRL

07/19/2017
Out-of-state entities with the power to dictate a New York employer’s hiring and retention policies take notice: You can be subject to liability under the New York Human Rights Law if you “aid and abet” discrimination against individuals who have a prior criminal conviction, even if you are not the direct employer of those individuals.

Applebee’s franchisee sued in transgender harassment case

07/19/2017
The EEOC has filed suit against Apple Metro, the franchise holder of an Applebee’s restaurant in Hawthorne, New York, claiming it fired a transgender employee after she complained of co-worker harassment.

Fox Radio reporter claims retaliation for bias complaint

07/19/2017
A former Fox News Radio correspondent claims she was fired less than 24 hours after using a company hotline to voice concerns about gender discrimination. Fox has labeled the charges “meritless” and claim her job was axed due to budget cuts.

New York’s paid family leave employee contribution amount set

07/19/2017
When New York’s new Paid Family Leave Law—which goes into effect Jan. 1, 2018—is fully phased in, eligible employees will be entitled to take up to 12 weeks of paid leave for certain qualifying reasons.

EPA suit could require turning over extensive pay records

07/19/2017
Former employees claiming Equal Pay Act violations may force employers to produce not just past payroll information, but also after-the-fact pay data.