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Employment Law

Warn bosses: Do nothing that discourages FMLA leave or punishes those who take it

03/04/2010

Supervisors need regular reminders—reinforced with training—that it’s their responsibility to find ways to deal with it when workers go on FMLA leave, no matter how difficult it may be to cover for the absent employee. As the following case shows, courts have no sympathy for employers that fire or make unreasonable demands on employees who exercise their FMLA rights.

Working in NYC? Following state, federal laws won’t cut it

03/04/2010

For most New York employers, complying with Title VII means they’re also in compliance with the New York State Human Rights Law (NYSHRL). Courts typically lump the claims together. That’s not necessarily true if you operate in New York City.

‘My disability made me do it’ argument fails to impress

03/04/2010

Some disabled employees believe that their disabilities excuse them from following the workplace rules other employees have to abide by. That’s not true. Case in point: An IBM employee was fired for accessing sexual materials on his work PC. He sued, alleging that post-traumatic stress disorder made him more vulnerable to addiction, including a compulsion to access sexually oriented materials. The court refused to entertain that argument.

Exotic dancers to bosses: Hands off our tips!

03/04/2010

Exotic dancers at the Penthouse Executive Club in New York City’s Hell’s Kitchen neighborhood are suing in Manhattan federal court, claiming their bosses have been raiding the tip box, pilfering money that rightfully belongs to the dancers. They allege the owners sometimes took so much money that some dancers’ pay fell below the minimum wage.

Whom you don’t want suing you for age discrimination

03/04/2010

Employment law attorney Eugene D’Ablemont turned 70 years old in 2001. He was just as productive as ever, consistently bringing in more than $1 million in fees to Kelly Drye & Warren, the international law firm in which he is a partner. Now he’s using his decades of legal experience against his own firm.

NYC lawyer sues former firm for sexual stereotyping

03/04/2010

Citing “repulsive harassment and discrimination,” attorney Julie Kamps has sued her former employer, the law firm of Fried, Frank, Harris, Shriver & Jacobson, for $50 million. Kamps said she was told her clothing didn’t “fit into typical feminine stereotypes.”

Managing today’s workforce: Teenagers and sexual harassment

03/04/2010

Federal and state laws that protect employees in general also protect young people in the workplace. But because of their youth and inexperience, teenage employees may be more vulnerable to harassment than other workers. The EEOC has launched the “Youth at Work” initiative in response to several high-profile teen sexual harassment cases.

State Regulations vs. IRS Rules

03/03/2010

HR Law 101: Don’t overlook state laws, which may provide more protection for independent contractors. While the IRS is largely concerned with the issue of who collects and who pays taxes on earnings, states have different interests to protect. Thus, some states may prefer for some contractors to be considered employees under the IRS rule.

Retaliation nation: Reacting to complaint? Zip it!

03/03/2010

Ever since the EEOC began tracking discrimination complaints, race bias has been the most popular claim. Not anymore. Claims of employer retaliation now top the charts—33,613 claims in fiscal 2009. This means managers, supervisors (and you) need to be more careful than ever to avoid lashing out against employees or applicants who file—or simply voice—complaints of discrimination.

5 common I-9 mistakes

03/02/2010

It is remarkable that a seemingly simple, one-page form—the Form I-9—can cause so many headaches. But who ever said a government form was easy, much less an immigration-related form. Here are the most common mistakes employers make.