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New York

Not every complaint amounts to protected activity

01/14/2015

It’s illegal to retaliate against employees for engaging in protected activity. But not every complaint qualifies as protected activity. For example, under Title VII, retaliation is only illegal if it relates to a complaint about some form of discrimination covered by that law.

False arrest can be retaliation

01/14/2015
It’s almost always a bad idea to make an example out of a terminated employee.

OK to fire if employee doesn’t call to explain why he missed expected FMLA return date

01/14/2015
Employees are supposed to notify their employers about their need for FMLA leave as soon as is practical. When they are already out on leave with a set return date, the same rule applies if the employee will need more time off. He or she can’t just extend the leave without telling anyone and expect to keep the job.

In court, consistency is key: Prepare to justify all deviations from company rules

01/14/2015
If you decide to deviate from your usual rules, make sure you have a legitimate business-related reason for doing so. Otherwise, you risk potential litigation if the affected employee claims the real reason you made an exception was his protected status.

If you can’t say anything nice … Comments about pregnancy are never wise

01/14/2015

We’ve said it before, but it’s worth repeating: The only appropriate comment when an em­­ployee announces she’s pregnant is a cheerful “Congratulations!” Anything else can end up being used against you if you eventually have to discipline or even fire the expecting mother.

NYC, Rochester rated state’s best cities for LGBT rights

01/14/2015
New York City and Rochester scored perfect 100 ratings in the Human Rights Campaign’s annual assessment of American cities with local laws and policies that protect lesbian, gay, bisexual and transgender people from discrimination.

Paper trail of minor infractions can backfire

01/14/2015
Many bosses succumb to the temptation to build a disciplinary case against the employee by citing a long list of minor rule violations. But that can be dangerous, especially if the same violations don’t trigger the same scrutiny for other employees.

Let it snow! But make sure you know how to pay employees

12/08/2014
Parts of New York were inundated with feet of snow well before Thanksgiving. Buffalo businesses have dug out from under the lake effect by now, but they may still be dealing with lingering pay issues. Will you be similarly affected—and are your pay policies ready?

Exotic dancers win millions–and could take home even more

12/08/2014
Dancers at Rick’s Cabaret, a strip club in Midtown Manhattan, just collected more than $10 million following a federal court ruling, and could make even more if an ongoing lawsuit continues to go their way.

AT&T settles OT dispute

12/08/2014
AT&T Prime Communications, one of the nation’s largest cellphone plan providers, will pay $122,254 to 255 workers to settle charges it failed to pay them for overtime work.