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New York

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.

EEOC proposed rule clarifies wellness rules under GINA

12/09/2015
Employer-sponsored wellness programs often collect medical data about employees and their families to identify risk factors and customize health and exercise programs. The Affordable Care Act health care reform law favors wellness programs as a way to manage chronic diseases and educate employees about their health.

Flurry of year-end regulations affect New York wage-and-hour law

12/09/2015
The end of the year saw a flurry of activity from workplace reg­­ulators in New York. Employers should note several recent legal developments.

New York pizzerias sued for national origin bias

12/09/2015
Two restaurants in Fishkill and Wappingers Falls, N.Y. face charges that their owner regularly denigrated Hispanic employees and insisted they speak English on the job.

Draw on commission could threaten contractor status

12/09/2015
Do you consider your commissioned salespeople independent contractors? If you pay them a draw, they may be employees for unemployment com­­pensation purposes.

Show why schedule changed after FMLA leave

12/09/2015
If you have to make a schedule change after someone returns from FMLA leave, be sure you have legitimate business reasons.

Incident may be ‘creepy’ but that doesn’t necessarily mean it’s harassment

12/09/2015
Here’s some good news: Just because a supervisor says or does something stupid or tasteless doesn’t mean the employer will suffer. Take an isolated incident that might be characterized as odd or creepy. While perhaps uncomfortable for the employees involved, most of the time it won’t result in a successful lawsuit.

Ignore sexual assault allegations, prepare to pay huge damages

12/09/2015

Here’s a cautionary tale about ignoring a young employee’s plea for help and also ignoring her lawsuit later. Both courses of action may cost dearly—in this case, well over a million dollars.