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New York

What employers need to know about domestic violence

11/17/2014
Em­­ploy­­ers often struggle with how to react to sensitive and highly personal situations. Here are some of the considerations to weigh when confronted with a domestic violence case involving an employee.

Investigate, separate the parties when employee alleges co-worker harassment

11/17/2014
When an employee claims a co-worker sexually harassed her, employers have to investigate the claim, even if there aren’t any witnesses. Getting to the truth requires a timely investigation, as well as immediately separating the co-workers.

Win discrimination, retaliation lawsuits with patience, careful documentation

11/13/2014
Simply put, documentation is what wins many lawsuits. That’s especially true when more than one supervisor has documented past problems.

Replace Ebola panic with solid plan to deal with epidemics

11/05/2014

The threat of an Ebola outbreak has dominated the news for months. With the possible exceptions of health care-related organizations, it’s unlikely that most employers will ever have to deal with the disease. However, it’s a timely reminder that even relatively common maladies (such as the flu) can wreak havoc on business operations.

What you need to know about New York’s new medical marijuana law

11/05/2014
With the July 2014 enactment of the Compassionate Care Act, New York became the 23rd state to legalize medical marijuana. Employers should become familiar with how the law may affect the workplace.

EEOC alleges home care company violated GINA

11/05/2014
New York City-based BNV Home Care faces an EEOC lawsuit after staff members complained that the company sought extensive family health histories as part of an “employee health assessment.”

Prompt action on harassment limits your liability

11/05/2014

How you handle a sexual harassment complaint can mean the difference between a quick lawsuit dismissal and protracted litigation. Prompt action is essential.

Younger replacement doesn’t prove age discrimination

11/05/2014
Have you ever worried that, after terminating an older worker, replacing him with a younger one might look like age discrimination? That concern is likely unfounded if you had a legitimate, business-related reason for the earlier termination.

Afraid you messed up (or have to pay up)? Try offering to reinstate fired employee

11/05/2014
Here’s a litigation tactic your attorney may suggest to cut potential liability in a case where you may be liable: If you make an unconditional offer to reinstate the employee and she rejects the offer, you won’t have to pay future lost wages after the offer date.

Put an immediate stop to co-worker harassment over FMLA use

11/05/2014
Some supervisors and co-workers who don’t have children may resent having to pick up the perceived slack while the new mom or dad is home with their bundle of joy. The same may be true if other employees view someone’s FMLA use as frivolous or unnecessary. When co-workers or supervisors ridicule other employees for using FMLA leave, that may be retaliation.