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New York

Relax! Merely unpleasant working conditions won’t make you a target for bias lawsuits

08/13/2013
Sometimes, work is just plain unpleasant. That’s no reason for employees to sue. Unless the working conditions can be traced to some form of illegal discrimination, the court system won’t intervene.

Anti-harassment policy, training are meaningless if supervisors decide to ignore them

08/13/2013
When a co-worker makes himself a nuisance (or worse), a robust anti-harassment policy, a clear reporting method and swift and sure action will cut liability in almost all cases. But what if the policy isn’t en­­forced or a supervisor learns about the harassment but ignores the problem and doesn’t take action? Then all bets are off.

Hell hath no fury like an English major scorned

08/13/2013
Publishing giant Condé Nast is being sued by two college students who allege they were illegally underpaid while interning at two of the company’s flagship magazines.

Just how many plaintiffs can one suit have?

08/13/2013
What if you get a hiring decision wrong, choosing someone from one protected category over another slightly better-qualified minority applicant? Fortunately, that misstep won’t open the door for hordes of minority applicants to sue. Only the slightly better-qualified applicant will have a claim.

Justify every firing with real business reasons

08/13/2013
Support any adverse job action, such as a demotion or termination, with solid business reasons. Clearly and contemporaneously document your decision to act. That way, you can come to court prepared to explain exactly why you did what you did and when you did it.

Court points way toward tracking employees with GPS

07/24/2013
A recent New York Court of Appeals case offers guidance to employers that want to slap GPS devices on employees’ cars to monitor their activities.

Set rules for promotion, insist on compliance

07/23/2013
Here’s a good reason to post all promotion opportunities and let employees know where they can learn about openings. Employees can’t sue over missed promotions if they never bother to apply—as long as it’s clear how the promotion process works.

Law firm employee convicted of true copycat crime

07/23/2013
A New York City man is headed to prison after being convicted of selling his employer’s copier toner on the black market.

Scrub protected-class info from résumés

07/09/2013
Here’s a simple way to keep many disappointed applicants from filing needless lawsuits: Make sure someone removes any application or résumé information that indicates race, national origin or other characteristics belonging to a protected class before the information is passed on to whoever makes the initial screening decision.

To pay or not to pay: Interns aren’t just a source of free labor

07/09/2013
It’s summertime, and college interns are filling corporate America’s cubicles. How many of those fresh-faced kids are wage-and-hour lawsuits just waiting to happen?