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New York

Worker facing discharge claims harassment? Investigate first, then fire if still warranted

05/12/2014
Sometimes, employers don’t learn about alleged discrimination or harassment until an employee brings up the claim when facing discharge for other reasons. If that happens, how should you respond?

Harassment fear won’t excuse insubordination

05/12/2014

When harassment allegations surface, we often advise separating the two parties to minimize chances of more misbehavior. Sometimes, employees find their own ways to keep away from harassers. However, business realities can make that unsustainable.

Beware letting work happen on FMLA leave

05/12/2014

The FMLA doesn’t prohibit employers from calling an employee occasionally to ask questions about work-related matters. On the other hand, forcing someone to work from home while on leave may qualify as interference with FMLA leave. Sometimes, however, employees insist on working even while they’re on leave. That puts employers in a tricky predicament.

New York among top 10 states for 2013 EEOC charges

05/12/2014
Ten states—mostly home to the nation’s largest cities or located in the South—accounted for 56% of all EEOC charges filed in 2013. New York logged the eighth highest total.

Wage-and-hour 101

04/14/2014
Properly paying employees is one of the most basic employer responsibilities, yet wage-and-hour cases continue to flood the legal system. It’s critical to understand the laws that govern when workers must be paid.

Know the law: Background checks continue to trip up employers

04/14/2014
If you don’t follow the rules, background checks can cause more trouble than they prevent. Your background process can also become the basis for a class-action lawsuit.

NYC business owners settle ESOP fraud case for $10 million

04/14/2014
The former owners of People Care Holdings, which provides in-home health services in and around New York City, have agreed to pay $10 million to settle charges they sold company stock to employees at inflated rates.

Court blocks Teamsters’ bid to thwart company sale

04/14/2014
A court has ruled that the Teamsters union can’t scuttle the sale of Will Poultry, a Buffalo food distributor.

Tentative settlement in Elite Model intern case

04/14/2014
Following on the heels of several highly publicized lawsuits filed by unpaid or underpaid interns, Elite Model Management has tentatively agreed to a settlement with a class of interns who claim the agency either didn’t pay them or paid them less than the minimum wage.

Board members may count as employees for Title VII suit

04/14/2014
Some small nonprofit organizations may think they don’t have to follow Title VII anti-discrimination rules because they only have one or two employees. They could be wrong if the board that manages the organization pays officers to attend meetings and generally holds them accountable for assignments and meetings.