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New York

Using uniforms, cleansers probably means FLSA applies

04/03/2013
Some employers think they can ignore federal wage-and-hour rules because they are small and don’t hit the $500,000 annual sales volume required to be covered by the FLSA. That rarely works because merely engaging in interstate commerce by using uniforms and cleaning supplies may be enough.

Records trump ‘knowledge’ of co-workers’ hours

04/03/2013
Here’s some good news: If you have complete and accurate time records, an employee’s claims that he just “knows” what hours others work isn’t going to be enough to keep a lawsuit moving.

Remind managers: Zip your lips when it comes to pregnancy

04/03/2013

Regularly re­­mind bosses that they should never comment on an employee’s pregnancy, pregnancy-related problems or the desire to have children. Only two responses are appropriate: Congratulate the employee when things go well and offer condolences when they do not. Anything else may be interpreted as discrimination based on pregnancy.

Audit bonus payments to discover any gender discrimination

04/03/2013
There’s a quick and easy way to determine whether your bonus payment program might be tainted by hidden sex discrimination in violation of either the federal Equal Pay Act or the New York Human Rights Law.

As courts define same-sex harassment, beware behavior that crosses a line

04/03/2013
Ever since the United States Supreme Court decided its first same-sex harassment case, employers have struggled to define what is illegal same-sex harassment and what’s not. Now the 2nd Circuit Court of Appeals has provided some employer guidance in a case involving male-on-male harassment.

Don’t confuse education with qualifications

04/03/2013

One way for a candidate to prove discrimination in hiring or promotion is to show that he is so much better qualified than other candidates that there should have been no doubt about who got the job. Some candidates mistakenly believe that means if they are the best educated, they win. That’s simply not true.

Poorly timed physical costs NYPD in ADA case

04/03/2013
The NYPD has agreed to a settlement in a disability discrimination case filed by the U.S. Department of Justice. An applicant for a school crossing guard position had filed the complaint and later sued, alleging that the NYPD required a physical examination im­­mediately upon completion of a job application.

Beware bias against child-rearing dads

04/03/2013
Here’s a heads-up about a possible new form of sex discrimination litigation. A father who can’t work overtime because he has child-care responsibilities may have a case if he can show that mothers were treated more favorably than fathers when it comes to flexible schedules. So ruled a federal court in New York.

Avoid bias against newest ‘protected class’–the unemployed

03/05/2013
Eighteen states and the District of Columbia have laws protecting the unemployed from discrimination. The EEOC has investigated bias against the unemployed and warns employers they could face disparate-impact discrimination lawsuits if screening out the unemployed hurts women and minorities more than other groups.

Study spots patterns in New York discrimination litigation

03/05/2013
Employers continue to prevail in most New York discrimination cases, but litigation is taking longer. Those are among the key findings of Bond, Schoeneck & King’s recently published 2012 Study of Employment Discrimination Litigation in the Northern and Western Districts of New York.