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New York

If disability accommodation is easy to grant–like early lunch–go ahead and grant it

03/09/2016
Every once in a while, a disability accommodation arises that is so simple to implement that it’s a no-brainer to grant it.

Not ready for work after FMLA expires? Consider more leave as ADA accommodation

03/09/2016
Do you automatically terminate employees who aren’t ready to return to work after using up their FMLA leave? That may be okay under the FMLA.

FMLA retaliation requires ‘but for’ proof

03/09/2016
Employees who claim they were fired for taking FMLA leave must show that taking leave was the sole reason they were fired—what’s known as the “but-for” cause.

Poor behavior? Deal with it by documenting it

03/09/2016
Do you have an angry, dissatisfied employee that no supervisor seems capable of making happy? Then document any behavior that demonstrates the employee is difficult or insubordinate and discipline accordingly.

Audio recording at work may violate NLRA

02/04/2016

The National Labor Relations Board has issued a new ruling that only solidifies its activist posture of the last few years.

Worker takes patient records, university pays HIPAA fine

02/04/2016
Lest there be any doubt that employers are ultimately responsible for keeping confidential information under wraps, consider the case of the University of Rochester Medical Center. It is now paying for a security breach that was entirely preventable.

Triborough Bridge & Tunnel Authority settles PDA claims

02/04/2016
The Triborough Bridge and Tunnel Authority has agreed to settle charges it discriminated against female officers by automatically transferring them to less desirable assignments when the officers revealed they were pregnant.

Isolated, mild comments don’t add up to legitimate lawsuit

02/04/2016
Some terminated employees think that all they need to do to build a winning lawsuit is recall an offensive comment a supervisor once made. That’s not usually true.

Retire or you’re fired? Prepare for age bias suit

02/04/2016
It’s fine to offer an early retirement buyout. It’s a very bad idea to say that, if not enough older workers accept the offer, they might be fired.

Transfer away from alleged harasser may be an ADA reasonable accommodation

02/04/2016
Usually, judges rule it’s not a reasonable ADA accommodation to not have to work for a particular supervisor. In other words, a disabled worker can’t demand a transfer away from a specific supervisor, even if that supervisor may aggravate the employee’s disability.