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New York

Check timing whenever an employee brings EEOC suit

09/07/2016
Did a lawsuit suddenly come out of nowhere after you thought it was long dead? If so, it may be worth determining if the claim is untimely.

Court rules: ‘Grab a slice any time’ doesn’t constitute a real meal break

09/07/2016
A federal court has ruled that an employer cannot take a credit towards unpaid overtime for paid meal breaks.

Class-action alert: The bigger the workforce, the more important your job descriptions

09/07/2016
Class-action attorneys love the Fair Labor Standards Act because it makes it easy for them to take small individual claims for unpaid overtime and turn them into mass litigation cases. That way, a single lawyer or law firm can represent thousands of similarly situated workers.

Disabled employee’s accommodations a hassle?

09/07/2016
Don’t let annoyance over disability accommodations turn into retaliatory harassment.

Arbitration decisions tend to stick

09/07/2016
There’s a downside to agreeing to decide disciplinary matters in arbitration. Once you agree to have your decisions second-guessed in arbitration, don’t expect to get the arbitrator’s decision easily overturned.

Consistent discipline stands up in court

08/24/2016
Employers that consistently enforce their rules fare best when they are sued over alleged discriminatory discipline.

Yes, you can punish fraudulent FMLA leave

08/14/2016
If you are sure an employee has been misusing FMLA leave or submitting fraudulent information as part of her FMLA leave request, don’t fear punishing her.

Why employees harass: The top targets

08/11/2016
Last year, the EEOC received more than 28,000 claims by employees that they were unlawfully harassed at work. Here are the top reasons employees say they were targeted for harassment.

Can job ads request U.S. work authorization?

08/11/2016
Q. Our 40-employee company advertises for jobs internationally but we aren’t able to offer sponsorship to any candidate who is not legally able to work in the United States. I realize we can’t put “Prefer U.S. citizen” on a job ad, but can we alert candidates to our requirement?

Same worker, different work: Can pay rate change?

08/11/2016
Q. Is it legal to pay a nonexempt employee to work at a company event at a lower hourly rate than what we typically pay her? The event is a conference where staff would be answering questions and giving out information.