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New York

OT rulings may lead to worker clock-watching

04/06/2015
After a series of rulings dismissing overtime claims that didn’t specify exact alleged overtime worked, word is likely to get out that there’s a new, convenient way to track those hours.

Avoid the pitfalls of social media: The FCRA and EEOC angle

03/09/2015
You may think you’re using social media for quite innocent puposes, but the law may state otherwise.

It’s spring, so love must be in the air … and at the office

03/09/2015
Hone your workplace relationship rules now before spring romance brings September grief.

Fired Texas news producer kills self outside Fox HQ

03/09/2015
An employee terminated from the Fox TV affiliate in Texas drove to New York City in January and shot himself outside News Corporation’s Midtown Manhattan headquarters.

NYC pawnshop pays full price to settle harassment complaint

03/09/2015
Seapod Pawnshops, with stores in Brooklyn and Queens, will pay $300,000 and sever ties with a former owner to settle sexual and racial harassment charges. Employees alleged that the former owner harassed them because of their sex, race and ethnicity.

Watch out for, prepare to fix, these 6 common overtime pay errors

03/09/2015
Failing to properly pay for all overtime hours worked could result in more financial harm than good. Here are six payroll pitfalls you must avoid.

Unemployment comp possible even when fired ‘for cause’

03/09/2015
Generally, employees fired for misconduct aren’t eligible for unemployment compensation benefits. That’s because payments are due to employees who are unemployed through no fault of their own. But not every mistake counts as misconduct.

Keep FMLA away from absenteeism discipline

03/09/2015
Carefully track absences and note which missed days are attributable to FMLA-covered reasons. That way, should you have to terminate an employee for attendance issues, you can easily separate out FMLA.

Safeguard against failure-to-hire suits by explaining how hiring process works

03/09/2015

Do you explain up front exactly how your hiring process works? If not, consider providing a written notice that outlines the process, especially if it’s a lengthy one and you collect applications even when you have no current openings. This may come in handy later if a disgruntled applicant sues, claiming she was blacklisted or suffered discrimination by not being called for an interview or otherwise being considered for a position.

More than one reason to terminate? Be sure to carefully document your rationale

03/09/2015
While there’s no requirement to provide a specific discharge reason, you should be ready to document the rationale behind the decision. Note each reason you considered when making the case for termination. You will need that documentation if the employee sues.