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New York

DOL: Baby Vision tried to silence workers, thwart probe

10/15/2014
The U.S. Department of Labor has obtained a restraining order against BabyVision Inc. in Poughkeepsie after workers reported being threatened and intimidated by the company’s two owners.

OSHA makes big changes to fatality, injury reporting requirements

10/08/2014
OSHA has issued a final rule that goes into effect Jan. 1. Now is the time to train for it.

NLRB: Firing employees for Facebook posts was unlawful

10/08/2014
Here’s another reminder to employers to exercise caution in imposing discipline for conduct on social media.

Mets and owner Wilpon sued over pregnancy remarks

10/08/2014
The New York Mets and its owner, Jeff Wilpon, face charges the baseball team fired its head of ticket sales and marketing because she chose to have a child out of wedlock.

Gawker is latest target of unpaid intern class action

10/08/2014
Unpaid interns for the website Gawker.com have won a round in court in their attempt to bring a class-action suit under the Fair Labor Standards Act.

EEOC sues pawnshop chain, alleges harassment

10/08/2014
The EEOC has filed suit against the owner of Seapod Pawnbrokers, a chain of pawnshops in Brooklyn and Queens. The owner allegedly made disparaging remarks to his largely Hispanic female employees.

Pro se litigant can’t start over after firing counsel

10/08/2014
Some litigants don’t want to listen to their attorneys when it comes to case management. That can make it difficult to settle a case or even cooperate with the other side. And things can get worse if the employee fires counsel and wants the equivalent of a do-over. Fortunately, most judges won’t let that happen.

Negligence can’t stand in for discrimination in N.Y.

10/08/2014

Clever lawyers are always looking for ways to reach deeper into employer pockets. One tactic has been to add state negligence claims to run-of-the-mill discrimination cases. That won’t work anymore, at least as far as negligent hiring, supervision and retention claims are concerned.

Independent agency decision doesn’t extend time for filing EEOC complaint

10/08/2014
Employees only have 300 days to get their EEOC complaints in after being fired or otherwise being hit with an adverse employment action.

Words matter! Boss’s oral promise can become binding if it’s definite enough

10/08/2014
Here’s a warning for supervisors and managers. When transferring an employee to another position, make sure you don’t make promises that create an employment contract. Such promises, under New York state contract law, don’t necessarily have to be in writing. Fortunately, they do have to be specific.