• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

New York

Document all discipline, just in case of lawsuit

06/09/2016
Carefully document each and every disciplinary action at the time it occurs, complete with details on who said what and when it happened.

Petty slights aren’t grounds for a lawsuit

06/09/2016
Some workers are thin-skinned and seem to think that little annoyances can add up to a discrimination or retaliation lawsuit. Fortunately, that’s not true.

Transfer won’t be considered adverse if duties don’t substantially change

06/09/2016
Want to transfer an employee to give her a fresh start after settling an informal complaint? As long as her job remains essentially the same and the position isn’t radically different, such a move probably won’t be viewed as retaliation or another instance of discrimination.

Keep track of disciplinary timing in case employee alleges continuing violations

06/09/2016
Employees who allege they have been retaliated against for engaging in some form of protected activity don’t have long to sue. If an employee works for a government agency and alleges that his First Amendment right to free speech has been violated, the lawsuit must begin within three years.

Discipline with care after FMLA leave: Build solid, performance-based case

06/09/2016
Employees can’t be held responsible for work not performed while they are out on FMLA medical leave. But that doesn’t mean employers are powerless to discipline an employee for poor performance that’s not related to the medical leave.

Beware unexpected peril of undoing termination

06/09/2016
Something to consider if you have an internal system for handling disciplinary appeals: Reversing a disciplinary action like a termination could be used against you later as proof of retaliation.

Document all the details when disciplining

05/19/2016
Skipping careful analysis in discipline investigations is a bad idea.

New York raises minimum wage and enacts paid family leave

05/09/2016
New York has moved forward with a new, higher minimum wage and paid family leave.

Staten Island retirement plan to get a fiduciary

05/09/2016
The U.S. Department of Labor has asked a federal court to allow it to appoint a fiduciary for the employee retirement fund at Lily Pond Nursing Home, formerly of Staten Island.

WHD snags nail salons for wage violations

05/09/2016
The U.S. Department of Labor’s Wage and Hour Division settled Fair Labor Standards Act violations with two New York City nail salons.