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New York

Employee’s safety may be legitimate reason to end employment contract

04/12/2017
Sometimes, it becomes clear that safety concerns require an employer to move a worker and even terminate him if it isn’t possible to offer a different, safer position.

It’s easier for employees to win hostile environment lawsuits in NYC

04/12/2017
Under federal law, to prove he had to endure a hostile environment, a worker has to prove the hostility was severe or pervasive. That’s not the case under New York City’s Human Relations Law.

Provide several ways to report harassment–and make sure one of them works

04/12/2017
Employers sometimes think more is better when it comes to administering their harassment policies. Unfortunately, providing lots of options doesn’t always help.

Eliminating job ends employee’s FMLA rights

04/12/2017
Ordinarily employers must reinstate employees who take FMLA leave, but that only applies if the job still exists.

Court: Indefinite suspension same as firing

04/12/2017
Don’t think that simply suspending someone without pay while you investigate alleged wrongdoing will fly. If the suspension drags on without some sort of resolution, the employee can sue, alleging he or she was actually fired.

Trump administration & immigration: What employers need to know

03/15/2017
The controversial travel ban has created chaos for many travelers and their employers.

Update on OSHA’s new injury and illness reporting rule

03/15/2017
Late last year, OSHA made sweeping changes to its injury and illness reporting rule.

NLRB: Facebook criticism of union official is protected

03/15/2017
A Niagara Falls man has won back pay and other damages after filing an unfair labor practice complaint with the National Labor Relations Board against Laborers’ International Union of North America Local 91.

NY debit card, direct deposit pay regulations revoked

03/15/2017
The New York State Industrial Board of Appeals has ruled the Commissioner of Labor exceeded his authority when he issued regulations governing how employers could pay their employees using debit cards and direct deposit.

Granting leave may trigger ‘regarded as disabled’ claim

03/15/2017
Approving leave for someone who has claimed a disability may mean you are regarding the employee as disabled. Effectively, that may mean he really is disabled for ADA purposes.