• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

New York

Discipline or termination after FMLA leave? Prepare to prove it wasn’t retaliation

07/19/2017
Typically, courts look at whether an employee has used FMLA leave in the past when considering whether his employer interfered with his FMLA rights more recently.

Beware accommodation problems when you might be part of joint employer arrangement

07/19/2017
When it comes to employment law compliance, arrangements involving staffing companies sometimes prompt the question: Just who is the employer, the staffing agency or the client? Often, the answer is that either or both of them may be liable for employment law violations.

Discipline often stops co-worker harassment

07/19/2017
Employers don’t have to create a perfect workplace that’s completely free of harassment. They merely have to respond to reported harassment in a way that’s calculated to stop it fast.

Immediately get rid of offensive graffiti

07/19/2017
Employers can’t prevent every harassment incident. But they can provide a way for employees to complain about it and commit to taking swift action when they learn harassment has occurred. That’s typically sufficient if the harassment originates with co-workers and not supervisors.

Discipline calls for language that cites objective shortcomings, not editorial opinions

07/13/2017
When disciplining employees, try to stick to objective facts. For example, if a worker isn’t abiding by a dress code, state what rule she is violating. Keep the editorial comments to yourself.

Prepare to justify discipline occurring after employee complains about discrimination

07/13/2017
Simply put, a bad review all by itself isn’t usually grounds for a lawsuit in most cases. However, punishing someone with a bad review because they complained about discrimination may land you in legal trouble.

Bungled investigation may not sink defense

07/13/2017
Sometimes, investigations don’t go as planned. An employer can have good policies and the best of intentions and still make mistakes. Fortunately, that’s not necessarily the kiss of death for a workplace investigation. Just be prepared to clearly explain what happened.

Your own detective work can pay off in court

06/28/2017
Employees have only a limited amount of time in which to file lawsuits. However, judges sometimes bend over backwards to give late filers a second chance. When that happens, it may be worth finding out why the delay occurred.

HR pros, bosses beware! Shoddy harassment investigation may create personal liability

06/28/2017
If you don’t do enough to end reported harassment, you may be found liable under New York state and New York City law for aiding and abetting that harassment. In fact, it’s just as if you were the harasser yourself—you could be subject to personal liability.

New York City labor update: Pay history, written contracts

06/19/2017
If you have employees in New York City, be aware of two new laws affecting your operations there. The first new law bars you from asking applicants about their prior compensation history. The second requires you to provide contract workers with a written agreement.