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New York

Check records before and after harassment claim

06/07/2013
Here’s a tip that could save you thousands in legal bills and penalties: When you are asked to terminate a poor performer who previously complained about harassment, make sure her performance problems didn’t suddenly emerge after the complaint. That could be a clear indication of retaliation.

Get details if several workers break same rule

05/17/2013
You have no doubt heard that em­ployees who break the same rule should receive the same punishment. That’s true in most circumstances. However, nothing prevents employers from treating similarly situated employees differently if the facts warrant it. In those cases, however, details matter.

Strive for harmony, plan for a lawsuit: Document every complaint

05/16/2013

Of course you have an anti-­discrimination and anti-harassment policy. You make sure employees know about it. You even make it easy for employees to use the policy. But all that can be for naught if you’re unable to track those complaints.

New FMLA regs in effect: Update your military leave policy

05/06/2013
In 2008, Congress expanded the FMLA to include two types of military leave: exigency leave and military caregiver leave. In 2010, Congress expanded those leave rights by applying them to the regular armed forces as well as National Guard members and reservists. Now those changes have been officially implemented with new regulations from the DOL.

Employee verification: Your line-by-line guide to I-9 changes

05/06/2013
The U.S. Citizenship and Immigration Services recently released the long-awaited revisions to Form I-9, which employers had to begin using by May 7, 2013.

Firm pays $190,000 to settle Astoria race harassment case

05/06/2013
A Pennsylvania-based energy-industry staffing firm has agreed to pay $190,000 to a black former employee to settle charges that a foreman har­­assed and physically abused the man because of his race.

In NYC, no more bias against unemployed job applicants

05/06/2013
Controversial amendments to New York City’s Human Rights Act take effect June 11, allowing job applicants to sue for discrimination against a new protected class: the unemployed.

Court: Trial for mentally ill worker denied transfer

05/06/2013
A court has OK’d a trial for a mentally ill worker who was turned down when he asked to be transferred to another supervisor. The man blamed his subsequent discharge on a failure to accommodate.

Injured worker? Contest unemployment if worker quits before giving you a chance to help

05/06/2013
Here’s some good news: As long as you are willing to accommodate an employee’s medical condition, you won’t face liability for unemployment compensation if she quits. And the employee has to tell you she needs that accommodation. If she just quits, she won’t be eligible.

Combat co-worker harassment with effective policy, prompt action

05/06/2013
You can’t prevent all sexual har­­assment, but you can do plenty to avoid liability when it does happen, at least when the harasser is a co-worker. Start with a clear anti-harassment policy, and make sure everyone under­­stands it.