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New York

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.

Harassment ended? Tell employee to move on

01/07/2016
Some employees will never be satisfied with their employer’s solution to perceived harassment. But if you have fixed the problem, it’s perfectly fine to tell the employee he needs to move on and forget about the past.

EEOC claims Glenwood F.D. hosed older firefighters

01/07/2016
The EEOC has sued a volunteer fire company for age discrimination because of the way it manages its length of service award program.

Remind managers: It’s essential to document every disciplinary decision and punishment

12/10/2015
You never know which fired employee will sue. That’s why it’s important to make sure every disciplinary decision is based on solid business reasons. You may even want to create an internal disciplinary checklist to ensure managers and supervisors know how to document discipline.