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New York

Quickly addressing alleged retaliation saves the day

05/12/2014
You probably tell supervisors they shouldn’t punish employees for filing internal or EEOC discrimination complaints. That doesn’t mean employees who complain won’t perceive re­­tali­­ation in every slight change in their work situation. How you react can mean the difference between winning or losing a retaliation lawsuit.

Workplace tiff doesn’t mean workplace was necessarily a hostile environment

05/12/2014
Some employees seem to think that any uncomfortable situation at work can become the basis for a lawsuit. Fortunately, they are wrong. Co-workers don’t always get along, but that’s hardly grounds for a hostile work environment charge.

For a quick trip to court, allow casual accommodations for some but not others

05/12/2014
Here’s a tip that can save you from a needless lawsuit: Make sure managers and supervisors aren’t using their own judgment about who deserves a job accommodation for medical reasons.

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.