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New York

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.

FMLA: Seek more information about relative who needs care

03/15/2017
Think twice before denying FMLA leave to employees who must care for close relatives who aren’t parents.

ADA accommodation can’t be based on disabled employee’s promise not to sue

03/15/2017
Never condition an accommodation on the employee’s promise to drop an EEOC complaint or a threatened lawsuit.

Warn supervisors: No griping about impact of employee taking FMLA leave

03/15/2017
Supervisors need to avoid expressing frustration about a worker’s illness and its effect on operations or insurance cost. Any such criticism may be used against you should the employee have to be disciplined or discharged.

Never ignore harassment, even if employee doesn’t use your reporting system

03/15/2017
Simply having a sexual harassment policy doesn’t mean employers can ignore harassment they learn about via avenues that aren’t prescribed in the policy.

Zero-tolerance policy OK if evenly enforced

03/15/2017
A zero-tolerance policy regarding violence is usually fine. However, you must be prepared for a lawsuit if one of the people disciplined has previously complained about some form of discrimination.