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New York

Flu season is here! FMLA, ADA and objections to vaccines

12/20/2019
Influenza season is well underway, and there is every indication that the flu bug will bite lots of workers this winter. Many will need time off to recover. That raises two important questions: Is that leave protected by the FMLA? Can employees lawfully refuse to get flu shots?

Coping with New York state’s new employment laws

12/20/2019
As we enter 2020, employers should review their policies and handbooks to make sure they take into account new laws recently enacted or about to go into effect. In particular, new rules make it easier for employees to file and win lawsuits.

Spotted error in administering FMLA leave? Fix it fast to show your good faith

12/20/2019
The FMLA has strict rules on how and when to designate an employee’s time off as FMLA leave. However, if you make a technical error but act quickly to correct it, you probably won’t face liability if an employee sues for an FMLA violation.

‘Reply All’ email response may be protected by NLRA

12/20/2019
The National Labor Relations Act allows employees to discuss working conditions among themselves. That includes responding to a critical email about working conditions by hitting “Reply All” to offer support or thanks to the original sender.

You can’t accommodate every disability

12/20/2019
A consensus on possible and practical accommodations usually emerges when the employer and employee engage in an interactive process to explore various options. But that isn’t always the case.

OK to revoke job offer for false application

12/20/2019
When you find a promising candidate for an opening, make your offer contingent on passing a background check. If that investigation reveals disturbing information such as including false information on the application, you may revoke the offer.

Transient injuries don’t usually trigger ADA

12/19/2019
In order to claim coverage under the ADA, a worker must show that he has a “physical or mental impairment that substantially limits one or more major life activities.” Generally, most temporary conditions don’t qualify, even though they may be considered serious health conditions under the FMLA.

Mere threat of discipline is no reason to quit

11/30/2019
Employees who quit can still sue their employers just as if they had been fired for an unlawful reason—under very limited circumstances.

Ensure disciplinary documents contain enough detail to justify harsh punishment

11/30/2019
Details are especially important when different employees break similar rules and you punish some more harshly than others. You need to be able to show why you fired one employee while another whose misconduct was identical was allowed to keep his job.

Hairstyles become latest flashpoint for grooming disputes

11/25/2019
Hair is becoming the new battleground over employer expectations and employee compliance. Increasingly, state and local authorities have stepped in, siding with employees who challenge grooming policies.