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New York

Judges don’t preside over pity parties: Unfairness not enough for a lawsuit

08/14/2014
Sometimes, like life, supervisors are unfair. But unless there’s some other problem, being treated unfairly isn’t grounds for a lawsuit. Employees have to show that something illegal motivated the unfairness, such as racial or gender bias. Just saying that was the reason isn’t enough, either.

No FMLA? That doesn’t mean you’re free to fire and replace new mother

08/14/2014
Some employers mistakenly think that if they terminate an em­­ployee who isn’t yet eligible for FMLA leave, the employee can’t sue. While you may not be violating the FMLA, you may violate other laws that protect the worker.

Better late than never: Stop long-simmering racial hostility as soon as you discover it

08/14/2014
Sometimes, employees complain about racial harassment but don’t sue right away. Don’t think the problem will go away just because no one has filed an EEOC complaint.

New COBRA notice could help workers–and you, too

08/14/2014
You can finally make the Affordable Care Act work for you. The U.S. Depart­­ment of Labor has updated its model COBRA notice to emphasize that separated employees who qualify for COBRA continuation coverage may want to buy health insurance through the ACA’s exchanges instead.

EEOC expands protections for pregnant employees

08/14/2014
New EEOC guidance issued July 14 says that, under the Pregnancy Dis­­crimination Act, an em­­ployer must accommodate pregnant em­­ployees by offering work restrictions—such as light-duty work—if the employer accommodates nonpregnant employees with similar inabilities to work.

RIF that shows racial disparity spells trouble

08/14/2014
Sometimes, business conditions require companies to implement reductions in force. Before you put your HR seal of approval on who stays and who goes, be sure that hidden discrimination isn’t influencing the decisions.

Pregnancy unnecessary for pregnancy bias suit

08/14/2014
A woman doesn’t have to be pregnant to sue for discrimination under the Pregnancy Discrimination Act. Wait, what?

DOL announces new definition of ‘spouse’ for FMLA purposes

07/09/2014

United States v. Windsor struck down a Defense of Marriage Act provision that interpreted “marriage” and “spouse” to be limited to opposite-sex marriage for the purposes of federal law. Now the Department of Labor has issued rules extending FMLA protections to same-sex married couples.

Legislation will end employers’ annual wage-notice scramble

07/09/2014
On June 19, 2014, New York Assembly and Senate passed legislation eliminating a Wage Theft Prevention Act requirement that employers must provide wage notices to all employees by Feb. 1 each year.

NYC construction workers gain $4.9 million in back pay

07/09/2014
The U.S. Department of Labor’s Wage and Hour Division has announced a settlement with federal contractor MDG Design & Construction, the prime contractor on the Grand Street Guild public housing construction project on New York’s Lower East Side.