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New York

FMLA or ADA request? Don’t let that derail legitimate discipline or termination decisions

09/10/2015

Firing someone right after she requests FMLA leave or an ADA accommodation can often trigger a lawsuit. But timing close alone won’t sink your chances of winning—as long as you have a valid business reason for discharging the employee that is unrelated to illness or disability.

Woman fired for spurning CEO wins $18 million

09/10/2015
A federal jury in Manhattan has awarded a Swedish woman $18 million in her harassment lawsuit against her former Wall Street boss.

NLRB: No hiring preference for crossing picket line

09/10/2015
The National Labor Relations Board has ruled that Dresser-Rand Co., located near Corning, N.Y., violated the National Labor Relations Act when it reinstated workers who crossed the picket line before it hired back those who stayed on strike during labor unrest at the plant.

OK to call or text with settlement offers

09/10/2015

The Fair Labor Standards Act protects employees and former employees against retaliation for complaining about wage-and-hour violations, including filing lawsuits. For example, an employer can’t try to punish a former employee by providing false negative references or otherwise interfering with someone’s job prospects. Basically, retaliation is anything that would dissuade a reasonable person from making the complaint in the first place. Fortunately, simply asking the former employee if he wants to settle a lawsuit isn’t enough, even if the effort is persistent and makes for an uncomfortable confrontation.

Train bosses: Snap decisions almost always risky

09/10/2015

Treating an applicant rudely or making snap judgments can mean ending up in court, trying to defend against charges of race or other perceived discrimination. Here’s a case you can use as an example of how not to greet an applicant even if you are sure he won’t be hired.

NYC legal temp agency gets lesson in discrimination law

09/10/2015
The owners of New York City-based Strategic Legal Staffing were apparently surprised to learn how litigious lawyers can be. The legal temp agency found out the hard way when it allegedly rejected a job candidate after learning she was 70 years  old.

Can a church ask about an applicant’s religious beliefs?

08/13/2015
Q. As a church employer, is it legal for us to request an applicant to state his or her religious beliefs, or to require them to be of our beliefs?

Listening to customer calls: Do we have to notify?

08/13/2015
Q. We plan to start having supervisors listen in on trainees’ phone conversations with customers. Do we have to inform the caller that we’re listening? We think the “this call may be recorded” message makes the call less authentic?

What are the legal risks of a 20% salary cut for all?

08/13/2015
Q. We have to reduce salary wages by 20%. The plan is to reduce three of the five departments to 32 hours and adjust their wages accordingly. Is this legal?

Can we circulate staff cell numbers and addresses?

08/13/2015
Q. We created an employee directory in Outlook that contains employee home numbers, cell numbers and addresses. It’s for internal use only. An employee complained. Is there any legal issue with us posting this information? Do we need to get permission from employees?