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New York

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.

Yonkers diner to serve up back pay for FLSA violations

05/09/2016
Diner will pay $101,467 in back wages to employees.

COBRA coverage debatable after firing for misconduct

05/09/2016
Employees fired for misconduct are not eligible for continued health insurance.

OK to set limits on intermittent ADA leave

05/09/2016
If employees have disabilities that flare up periodically, be prepared to provide reasonable accommodations—within limits.

Making employee a ‘corporation’ doesn’t make her an independent contractor

05/09/2016
A court has dismissed a company’s assertion that a former employee now working and being paid as a corporation means the employee was no longer an employee.

ADA: ‘Unlimited’ sick days aren’t reasonable

05/09/2016
At some point, providing more leave interferes with performance of the job’s essential functions. That point is easily reached when the employee demands unlimited sick days as an accommodation.