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New York

Boss’s affair with someone else is no basis for third party’s bias or harassment suit

02/04/2016
The fact that a supervisor may favor a subordinate with whom he is romantically linked doesn’t justify a sex discrimination or harassment lawsuit by someone who isn’t involved in the affair.

When ‘continual violation’ may exist, courts allow harassment claims dating back decades

02/04/2016
Here’s something to remember if you find that an employee’s sexual harassment allegations have been swept under the rug, unresolved and ignored.

State workers’ minimum wage increasing to $15

02/04/2016
All New York state employees will make at least $15 per hour within six years, per the order of Gov. Andrew Cuomo. For workers in New York City, the rate will be in force by the end of 2018.

FMLA case: Your hands could be tied for years

02/04/2016
A federal court has issued an injunction preventing an employer from firing a worker seeking to take FMLA leave until the litigation ends. That could take years.

DOL issues guidance on wage-and-hour liability for joint employers

02/01/2016
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Attendance, biometric scanning and employee privacy

01/07/2016
Many employers now track attendance using biometric scanners that require an employee to clock in and out by scanning a fingerprint or a palmprint. New York employers should note a statute that limits the collection of biometric data.

Speaking out in course of government job isn’t protected

01/07/2016
Government employees have limited First Amendment rights when speaking out. But the right doesn’t apply if the public employee is merely doing his or her job.

Isolated comments aren’t enough to prove discrimination

01/07/2016
When an employee gets fired, his thoughts may turn to filing a lawsuit—maybe based on some suddenly remembered comment that he took as offensive or another supposedly discriminatory act. Fortunately, courts are rarely persuaded.

Racial slur or everyday saying? If it’s offensive, make sure it stops

01/07/2016
Certainly, train your managers that they cannot use common racist phrases and names. But go beyond the obvious and provide examples of other terms and behaviors that may not seem obvious. The following case provides an example.

Rejecting sexual advances protected in NYC

01/07/2016
Under federal law and New York state law, merely rejecting a supervisor’s sexual advances without reporting the conduct to HR probably isn’t protected activity. However, that’s not the case under the New York City Human Rights Law.