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New York

Never, ever ignore an employee’s lawsuit

02/09/2017
Employers that don’t respond to a former employee’s lawsuit are making a big mistake—even if they truly believe the lawsuit has no merit.

Isolated ‘leering’ doesn’t amount to harassment

02/09/2017
Absent other evidence of sex discrimination, such as unequal pay or disparate treatment, a few comments or looks don’t create a sexually hostile environment.

Long absence due to illness? Keep employee apprised of FMLA status

02/09/2017
Sometimes it’s obvious that an employee will miss much more work than her available leave can cover. When that happens, provide her with all the necessary notices about how much leave she has used and when it expires.

When harassment is pervasive, chase down the root causes and fix it

02/09/2017
Appealing to workers’ sense of decency will do nothing to prevent harassment lawsuits if that approach doesn’t effectively stop the harassment.

Discretionary leave OK as long as it’s equitable

02/09/2017
Do you have a program that allows some employees to take additional leave after they have exhausted FMLA leave and their earned sick and vacation time off? That’s fine, as long as you set reasonable parameters for taking leave and enforce the rules fairly.

Keep complete records of settlement talks

02/09/2017
Sometimes, it’s better to settle an employee’s complaint than to litigate it. If you do, be sure to carefully document the entire process.

Is drama about dress really worth a lawsuit?

01/19/2017
If you fire someone because the way she dresses causes drama in the workplace, you may face a sex discrimination and harassment claim.

Granting religious accommodations, preventing bias claims

01/11/2017
An employer may face litigation either for failing to promptly respond to a discrimination claim or for overreacting to one.

NY labor law 2017: Exempt salaries, past pay, police liability

01/11/2017
This month brings timely reminders for busy employers that may have missed important new announcements.

Nursing homes misclassified staff, owe $2M in back pay

01/11/2017
Grand Healthcare System, headquartered in Queens, will pay $2,006,796  to 844 employees in five locations after the company improperly classified the employees as exempt from the Fair Labor Standards Act.