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New York

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.

OK to make some job changes during FMLA

05/16/2017
Ordinarily, an employee taking FMLA leave is entitled to return to the same job or one that’s substantially equivalent. But what if the employee’s job changed while the employee was out on FMLA leave?

Forbid reinstatement when settling lawsuits

05/16/2017
Be sure to consider all the ramifications of settling an employee’s discrimination lawsuit, especially if the settlement includes reinstatement. An employee who comes back to work for you could turn right around and sue you again if he believed you are continuing to discriminate.

After complaint is filed, be sure to justify all discipline

04/25/2017
If an employee complains about discrimination, make sure any subsequent discipline is well justified. Sudden discipline against a worker whose record was previously clean can be viewed as retaliation.

Document circumstances before discipline, as well as punishment that you imposed

04/25/2017
Generally, if an employer operates in a fair and equitable fashion, there’s very little room for an employee to file and win a discrimination lawsuit. But how can HR know whether supervisors are imposing balanced discipline without regard to race, sex, religion or other protected characteristics?

Artificial intelligence begins driving the employment process

04/12/2017
In theory, removing bias from the employment equation should enable employers to hire and manage the best employees based on knowledge, skills and abilities. Several HR-related artificial intelligence software packages attempt to do just that.