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New York

Supreme Court backs employers in Title VII cases

07/09/2013
With two rulings on June 24, the U.S. Supreme Court handed major victories to employers, limiting liability for supervisory discrimination and setting a higher bar for employees who file retaliation lawsuits. Both decisions clarify long-standing Title VII questions. Both mean employers are less likely to lose potentially costly lawsuits.

Speak freely to EEOC–it’s privileged communication

06/18/2013
Good news: You won’t be held personally liable—and neither will your company—for what you say in re­­sponse to an EEOC complaint. State­­ments made in an EEOC investigation are privileged.

How to comply with the GINA genetic information law

06/07/2013
The Genetic Information Nondis­crimination Act was enacted in 2008. It pro­hibits employers from discriminating against employees on the basis of their genetic information.

New pay on the way: Update on New York wage-and-hour law

06/07/2013
Get ready, New York ­employers. New developments will affect how and how much you pay your employees. The state minimum wage will soon increase and the NYSDOL has proposed new regulations on wage deductions.

­­­­­­­­L.I. diner owners face prison after serving up a side of fraud

06/07/2013
The owners of a Nassau County ­diner face up to four years in prison after a joint federal/state investigation found massive payroll and tax fraud at the restaurant. They pleaded guilty to several felony and misdemeanor counts alleging wage-and-hour violations and shady bookkeeping.

Court disallows salespeople’s bid for class-action status

06/07/2013
A federal judge in the Western Dis­­trict of New York has decertified a class of outside salespeople who alleged they were misclassified, citing two recent Supreme Court decisions: Comcast v. Behrend and Dukes v. Wal-Mart.

Don’t let fear of lawsuits stop reorganization efforts

06/07/2013
Companies that don’t change with the times risk going out of business. But change can be uncomfortable for employees, especially if it affects them directly in lost pay, status or even continued employment. Don’t let the possibility of a lawsuit keep you from making necessary adjustments.

Workplace romance, by itself, is not illegal

06/07/2013
While workplace romances can cause all kinds of problems, it isn’t necessarily illegal discrimination if a supervisor favors his girlfriend. That’s true even if others feel they are being passed over or otherwise treated poorly because of the affair.

Strive for workplace harmony and cordiality; don’t obsess about eliminating all annoyances

06/07/2013
While management should strive for as cordial a workplace as practically possible, don’t worry if yours sometimes falls short. Don’t take complaints about petty slights and behaviors too seriously if you are sure there isn’t more below the ­surface.

Be prepared to show court that your rules are fair

06/07/2013
Courts want to leave employers in charge of running their organizations. They won’t second-guess the rules you set, as long as they don’t appear illegal or discriminatory—even petty or quirky rules.