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New York

Treat cases independently when employee being disciplined files complaint of her own

11/29/2016
Sometimes, an employee facing discipline will fight back with allegations of her own. Handle those allegations separately from any pending disciplinary action, and be sure to carefully document each step of both processes.

A short-handed Supreme Court declines one case, adds another

11/11/2016
The employment law cases the Supreme Court refuses to hear can be almost as important as those it decides.

Downsizing in New York? Know when you need to WARN your employees

11/11/2016
If your business is planning or considering downsizing at these levels, then a review of the WARN Act needs to be undertaken early in the process.

Chobani takes lead on generous paid parental leave

11/11/2016
Yogurt producer Chobani is now offering six weeks of paid parental leave to all of its employees.

Subordinate’s hair comment doesn’t justify lawsuit

11/11/2016
It takes more than a handful of incidents to create hostility, even if they could be viewed as offensive and not appropriate for the workplace.

Diagnosis alone doesn’t prove ADA disability

11/11/2016
It’s not enough that an employee alleges he or she has been diagnosed with what may be a disabling condition.

Thoroughly document rationale and timing for every termination decision

11/11/2016
Treat every pending termination as if you will have to prove that you had solid business reasons for your decision.

Ask for recertification of intermittent leave

11/11/2016
Employers that approve intermittent leave requests can request regular recertifications to determine if the need still exists.

OSHA goes through roof over repeat violations in upstate New York

11/11/2016
A Syracuse roofing contractor faces fines of more than $96,000 following an OSHA worksite inspection in Camillus.

Beware hasty decisions, investigate all the angles

11/10/2016
After investigating a workplace incident but before making a final decision, consider hiring a neutral investigator to assess what really happened.