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New York

New York state will bar retaliation against workers who take legally protected time off

12/15/2022
The law appears to focus on “points-based” attendance, in which employers impose points, or demerits, on employees for absences, often without regard for the reason for the absence—including medical reasons, which can be protected under the FMLA and other laws.

Identical interview questions key to surviving rejected applicant’s suit

11/22/2022
The hiring process is a common lawsuit trigger for candidates not selected for the job they’re interviewing for. Lawsuits alleging race or other forms of discrimination may focus on individual questions, the hiring committee’s demographic composition or some other perceived discriminatory action. The best way to counter this is with a carefully crafted interview process.

Time is now for overtime pay scrutiny

11/22/2022
Some commentators predict that the DOL might only raise the minimum wage. Others think the delay might mean the wage will rise with inflation. But while we wait, lawsuits and pay transparency trends are not off the clock.

Your handbook could get you sued

11/17/2022
Common handbook rules require honesty on a job application and prior approval before taking on a second job, as well as proof that any second job wouldn’t interfere with the first one. That way, you may assume you can fire a worker who lied on their application or whose moonlighting would conflict with the day job. Unfortunately, each of these handbook rules could backfire if used to justify a demotion or termination.

New pay transparency law invites huge pay ranges

11/08/2022
A salary range of $0 to $2 million for a client service position at Citigroup is among the new, rather broad salary ranges appearing among New York City job openings after the implementation of a new salary transparency law in New York.

Court orders rehiring of unvaxxed workers

11/08/2022
Some employers are bracing for a rough flu/covid season. But should you insist that your employees vaccinate against them? That depends.

Head-scratcher: Staffing company hires based on race, sex and other discriminatory practices

10/26/2022
Another staffing company was hit with a lawsuit for complying with clients’ race and sex preferences, placing employees in positions based on race and sex, and rejecting pregnant applicants.

Huge settlement highlights local law risks

08/18/2022
Gone are the days when big verdicts or settlements were all the result of running afoul of federal laws. These days, employers also have to worry about increasingly aggressive state and local government agencies enforcing their own anti-discrimination laws and other employment ordinances.

Warn bosses about adverse action after bias complaint

05/26/2022
Once an employee’s discrimination lawsuit gets to court, anything can happen. In fact, it’s common for employees to lose on their initial discrimination or harassment claims but still win an associated retaliation claim. That’s why you must train managers that any adverse action—even as minor as a schedule change—can be interpreted as retaliation if it comes after an employee has complained about bias or harassment

Don’t let bosses override accommodations

05/26/2022
Whether you handle accommodation requests internally or through a third party, make sure you don’t undo all your efforts by letting supervisors override accommodation recommendations and implement their own measures.