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New York

Second chances, patience make discharge decision stick

05/06/2015
Courts often reward employers for offering second chances to employees who might otherwise be fired.

Single comment doesn’t justify hostile environment case

05/06/2015
Rest easy: As long as you take appropriate action to stop racially charged comments, the first one won’t land you in court. The key is to take every complaint seriously and immediately investigate any complaints. Then discipline the person who made the comments and warn against further comments.

Expect litigation if you try to quibble over return-to-work schedule following FMLA leave

05/06/2015
Employees who take protected FMLA leave are entitled to reinstatement to the same or a substantially similar job once cleared for work after their leave is over. Reducing the employee’s hours on return could be seen as interference with FMLA rights.

FMLA and ADA accommodation: Don’t dismiss request to work from home

05/06/2015

If, after FMLA leave, an employee asks for more time off or to work from home, handle the request just like you would another disabled employee’s reasonable accommodation request. Verify the disability and discuss possible accommodations before you reject the request. Otherwise, a jury may hold you liable.

Employee treated like a ‘nobody’? That’s not enough justification for a lawsuit

05/06/2015
When a worker is fired, he or she may look for a potential lawsuit. A visit to a lawyer may be enough to stir memories of alleged discrimination. Every little incident then becomes the basis for a discrimination claim. Fortunately, unless the fired worker complained earlier about the alleged discrimination or has a plausible explanation for why he didn’t, courts toss most such cases out.

Merrill Lynch trainee OT suit could become class action

05/06/2015
Two participants in Merrill Lynch’s management development program are suing the firm, alleging they were not paid for overtime they worked during the intensive training period.

Retaliation claim needn’t be written or to DOL

05/06/2015

Employers aren’t supposed to retaliate against employees who file wage-and-hour complaints against their employers. For quite some time now, there has been confusion over two things: first, whether the employee has to make a written complaint, and second, whether the complaint has to be made to a governmental agency like the Department of Labor. Now the 2nd Circuit Court of Appeals, which covers New York employers, has settled the issue.

Judge nixes online notice of Gawker suit settlement

04/06/2015
Traditionally, plaintiffs learn by mail about their potential membership in a class-action lawsuit. Reaching mobile millennials may require a different tack.

Supreme Court creates new pregnancy discrimination framework

04/06/2015
The Supreme Court ruled on March 25 that a pregnant UPS employee who was denied a light-duty position is entitled to a new trial. The Court’s framework for pregnancy discrimination cases allows employees who show that an employer policy that creates a “significant burden” for pregnant employees violates the Preg­­nancy Dis­­crimi­­na­­tion Act.

DOL wins in Supreme Court, readies new white-collar OT rules

04/06/2015
The Department of Labor (DOL) has been in the news lately, with a big win in the U.S. Supreme Court and word that it will soon—finally—release new proposed overtime regulation for white-collar employees.