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Employment Law

EFCA compromise gains momentum in Congress

09/04/2009

Congress will be taking a fresh look at the Employee Free Choice Act (EFCA) this fall, now that a Capitol Hill compromise has stripped out the bill’s controversial “card check” provision, which would have required union certification with a majority of employee signatures.

Beware firing ill employee after FMLA expires

09/02/2009

Employers sometimes have the mistaken belief that employees with serious health conditions who have used up all their FMLA leave can be terminated if they can’t return to work. That’s simply wrong. In fact, those employees may be entitled to reasonable accommodations—including additional time off—under the New York State Human Rights Law and the New York City Human Rights Law.

Federal court asks N.Y. to rule on harassment

09/02/2009

New York City employers may soon have a definitive answer to a vexing question under the New York City Human Rights Law (NYCHRL). The 2nd Circuit Court of Appeals has asked the New York Court of Appeals to tell the federal court whether the NYCHRL permits employers to raise the affirmative defense available under U.S. Supreme Court sexual harassment rulings.

EFCA compromise gains momentum in Congress

09/02/2009

Congress will be taking a fresh look at the Employee Free Choice Act (EFCA) this fall, now that a Capitol Hill compromise has stripped out the bill’s controversial “card check” provision, which would have required union certification with a majority of employee signatures.

Record of support for pregnant women, working moms helps win discrimination cases

09/02/2009

Employers that support pregnant and working mothers fare better if they do get sued by someone who believes she suffered pregnancy discrimination. That’s because courts are reluctant to believe that an organization would suddenly become biased after demonstrating a history of progressive policies for pregnant women and working mothers.

Put teeth in your arbitration agreements! Make sure employees acknowledge them

09/02/2009

If you use mandatory arbitration agreements, take the extra time to make sure courts will enforce them. In New York, that means showing that the applicant or employee knew that getting and keeping her job required agreeing to arbitration of all employment disputes.

Stop legal bait-and-switch by documenting, retaining copies of employee complaints

09/02/2009

Employees who engage in some form of protected activity—such as filing an EEOC complaint, participating in a discrimination case or complaining about possible discrimination to the company—are protected from retaliation for doing so. But often employees who complain about one thing end up suing on entirely different grounds …

When settling, consider adding a ‘no return’ clause

09/02/2009

Sometimes, it may seem like a good idea to simply settle a case and move on—especially if the case is taking up lots of time. Before you agree to a settlement amount, consider whether you really want the employee to stay with your organization.

Even self-representing litigants have deadlines

09/02/2009

Courts traditionally have been lenient with plaintiffs who represent themselves, giving them every benefit of the doubt. As this case shows, that seems to be changing.

The 5 steps of progressive discipline

09/02/2009

A progressive discipline system is the best way to correct employee performance problems. It’s also the best way to protect against wrongful termination lawsuits. It allows you to ensure that any employee fired because of inferior performance was treated fairly and in accordance with your company’s policies. Here’s a five-step model for progressive discipline: