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Employment Law

How accessible are your electronic HR files?

06/08/2010

With 70% of all corporate records now stored electronically, HR must make sure their organizations’ systems are set up to retrieve critical information on demand. That’s essential if your organization is sued. Long delays in providing evidence can lead to needless litigation costs—and crush your chances in court.

Austin fire department prevails in gender bias lawsuit

06/07/2010
Following two days of deliberation, a Travis County jury has ruled against an Austin firefighter who accused the Austin Fire Department of discrimination.

New federal safety program starting in June increases enforcement, fines on repeat offenders

06/04/2010
If your organization has been hit with OSHA safety violations in the past, consider yourself on double-secret probation. The agency’s new Severe Violator Enforcement Program starting in June will call for “a more intense examination” of work sites where previous safety violations have been found.

Updating your policy, but not your handbook

06/03/2010
Q. Our employee handbook says that employees are paid for 40 hours per week as long as they put in at least 38 hours. We recently told employees that, from now on, we pay only for actual hours worked. Do we have to change the handbook, too?

Health law includes expansion of 1099 paperwork

06/03/2010
A little-noticed piece of the new health care reform law (Section 2006) would dramatically expand the reporting requirements for 1099 forms. Starting in 2012, a business must file a 1099 form every time it makes cumulative purchases of $600 or more from any store or vendor during the year.

Know the law governing background criminal and credit checks

06/02/2010
No law bars employers from conducting criminal background checks. However, conducting checks when it isn’t necessary not only wastes resources, it may increase the risk of being sued. The same is true of credit checks. Two lawsuits challenging the fairness of background checks serve as cautionary tales for employers.

U.S. Supreme Court opens door for more class-action suits

06/02/2010

The U.S. Supreme Court has ruled that class actions barred by many state laws may proceed in federal court. The case in question (Shady Grove Orthopedic Associates v. Allstate) dealt with a New York state law that limited claims in certain class-action cases.

Repeated bra snapping leads to resignation and lawsuit

06/02/2010

Bical Chevrolet in Queens is facing a sexual harassment lawsuit for what sounds like something out of junior high. Katherine Salas accuses two Bical managers, Charlie Albanese and Michael Inserillo, of snapping her bra up to six times a day and smacking her bottom with a wooden backscratcher.

Liability for aiding, abetting possible under state law

06/02/2010
You may not be liable personally under the ADA, but that doesn’t mean you are entirely off the hook. Under the New York State Human Rights Law, an individual who “actually participates in the conduct giving rise to the discrimination claim” can be held liable for the consequences.

Court rejects bid for personal liability under ADA

06/02/2010
Good news for those worried about being on the hook personally for ADA violations: A federal court considering a New York case has rejected an employee’s bid to hold supervisors personally liable for alleged disability discrimination.