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New York

It’s simple: No comments ever about employee’s religion or religious practices

06/19/2017
The 2nd Circuit Court of Appeals has reinstated a lawsuit against a bank based on a manager’s frequent comments to a Muslim employee that she should remove her hijab.

‘Economic reality’ decides who’s an independent contractor, who’s an employee

06/19/2017
The more factors that show the workers are indeed in business for themselves, the more likely they should not be classified as employees, but as independent contractors instead.

Never fire to avoid paying expensive benefits

06/19/2017
Here’s advice if you’re ever tempted to fire an at-will employee because she is about to start racking up expensive claims using your employer-provided benefits: Don’t do it!

Big bucks for harassment, plus attorneys’ fees

06/19/2017
A New York State appeals court has concluded that a state trooper who suffered sexual harassment over a period of almost 15 years is entitled to more than just the usual damages. Her attorneys’ fees will be paid separately, leaving the jury award intact for the trooper alone.

EEOC weighs in: Most sexual harassment training doesn’t work

05/16/2017
The EEOC receives over 30,000 harassment complaints each year, and that may just be the tip of the iceberg. One EEOC-com­­missioned survey found that three out of four employees who experience harassment never complain through their employer’s established channels.

The O’Reilly Factor: Claw backs and the ‘faithless servant’

05/16/2017
In the world of controversial show host Bill O’Reilly, personal responsibility has given way to excuses and coddling, prompting the question: Where is good, old-fashioned comeuppance when it is needed? In O’Reilly’s case, we now have an answer to that question.

NYC bars employers from asking about salary history

05/16/2017
Starting in the fall, New York City employers will no longer be able to ask about a job applicant’s salary history before making a conditional employment offer.

Gay employee can claim bias based on gender stereotyping

05/16/2017
Courts are currently working out whether discrimination on the basis of sexual orientation is sex discrimination under Title VII. However, that’s not the only way to challenge anti-gay bias.

Keep accurate pay records–or prepare for court to take employee’s word for it

05/16/2017
If you fail to keep tabs and the worker sues, it’s generally his word against yours as to how many hours per day and per week the employee worked. That can result in a big back-pay bill, especially if the court doubles the damages as permitted under both federal and state law.

Ensure employee receives notice that FMLA leave is about to expire

05/16/2017
What happens if the employer fails to notify the employee? She may win an FMLA interference lawsuit if she can prove that, had she known, she would have returned to work and could have performed her job.