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New York

Firing the only member of a protected class? Better be prepared to explain why

10/08/2014
Are you facing the prospect of terminating an employee who happens to be the only member of a particular protected class? Don’t let the fear of a lawsuit stop you from making a legitimate business decision. Just make sure you can document exactly why you have chosen this employee for termination.

Barneys pays to settle racial profiling charges

10/08/2014
Upscale retailer Barneys New York has agreed to pay $525,000 in fines to settle a lawsuit alleging it began profiling black and Hispanic customers after experiencing a spike in shoplifting and credit card fraud at its flagship store in Manhattan.

Court: Bullying alone isn’t grounds for lawsuit

10/08/2014
A former employee has tried to advance a new legal theory by suing over alleged workplace bullying. His efforts failed and employers won’t have to worry about another new lawsuit flood.

Insubordination? That’s a legit firing offense!

10/08/2014

If there’s one reason for firing an employee that’s likely to stand up in court, it’s insubordination. Employers that carefully document an employee’s refusal to follow directions or listen to a supervisor’s reasonable instructions or rules are likely to win a lawsuit.

New York employees entitled to voting leave Nov. 4

10/08/2014
The midterm election on Nov. 4 won’t draw as many employees away from their desks as a presidential election, but it’s still important to know if they must be given leave to vote—and be paid for it.

New York amends Human Rights Law to protect unpaid interns

09/05/2014
On July 22, Gov. Andrew Cuomo signed a bill that amends the New York Human Rights Law by adding a new Section 296-c titled, “Unlawful discriminatory practices relating to interns.”

Ex-intern files class action against Marvel Entertainment

09/05/2014
The new amendment to the New York Human Rights Law adding protections for unpaid interns does not address the status of those interns who claim they should be compensated employees. Those cases appear to be working through the courts on a separate path.

Why you need complete records of hiring process

09/05/2014
It’s crucial to keep good records of the hiring process, including tracking applicant experience levels. After all, you never know which applicant will sue, alleging that he was passed over for a discriminatory reason.

Ensure your grooming policies are color blind

09/05/2014
Do you cut slack for some employees when enforcing your grooming policies? If so, there may be a race discrimination lawsuit in your future.

FLSA overtime rules don’t apply to truly small and local businesses

09/05/2014
Some very small employers are truly so tiny that they’re not covered by Fair Labor Standards Act overtime rules.