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New York

What to do when return-to-work is uncertain

10/08/2015
Employers can require a fitness-to-return-to-work exam when employees have been out on FMLA leave for their own serious health condition. If the worker’s doctor clears the employee—even with minor restrictions—you should allow him to return while you get necessary medical clarification.

Nip harassment suits in the bud: Establish clear system for lodging complaints

10/07/2015

Employers that create and implement clear, well-publicized policies for reporting sexual and other forms of harassment can defeat many co-worker harassment claims. The key is to come up with a specific process featuring more than one avenue through which employees can complain. Then let employees know it’s there for their use.

Employers must notify employees of their FMLA rights

09/28/2015
HR professionals consistently rate FMLA administration as one of their most difficult tasks. New court decisions constantly affect the FMLA landscape.

What employment law cases will the Supreme Court hear next?

09/20/2015
The High Court has agreed to hear several cases during its 2015-2016 term that will have significant ramifications for employers.

EEOC says Title VII prohibits sexual orientation discrimination

09/10/2015
The EEOC has come out with a declaration that federal legislation explicitly prohibiting employment discrimination based on sexual orientation is unnecessary because it is already prohibited under Title VII of the Civil Rights Act. This is a new and important development in the ongoing efforts of activists to get discrimination protection for all workers, regardless of sexual orientation, preference or other characteristics based on sexuality.

NLRB supports free expression, condemns lying about it

09/10/2015
An employee at Fresenius Manu-facturing in Chester, N.Y., was fired for writing comments on union newsletters and then lying about doing so during a company investigation.

Volunteers at seasonal events don’t get FLSA protection

09/10/2015

The Fair Labor Standards Act carves out several special circumstances under which the FLSA does not apply. One of these applies to seasonal amusement establishments. As the following case shows, that includes an annual baseball “fanfest,” that relies on volunteers for success.

Lower pay on FMLA return? That’s an automatic violation

09/10/2015

Employees who take FMLA leave are entitled to the same or an equivalent job when they return. That means that the job must be virtually identical in all aspects, including pay. If you change the pay, the reason is irrelevant—it’s an FMLA violation.

Employee out on FMLA leave: OK to contact for info on urgent matters

09/10/2015
Employers aren’t allowed to pester employees to work during FMLA leave. Requiring the employee to work from home to complete assignments, for example, may amount to interference with the right to take FMLA leave. But not every contact or request is enough to support a lawsuit.

No other complaints about pregnancy bias? That can make charges easier to defend

09/10/2015
Sometimes, it’s relatively easy to get a pregnancy discrimination lawsuit dismissed. If your workplace records can show that other employees became pregnant, took leave and never complained about any sort of pregnancy-related discrimination, that can serve as a powerful rebuttal to a lone complaint.