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Employment Law

Legal update: New bias protection, fluctuating workweek OT

01/28/2020
Two new labor and employment law developments require employers to review their policies. The first adds a new form of prohibited discrimination to the already long list of employer rules. The second clarifies how to handle fluctuating workweeks under the FLSA.

Little slights can add up to hostile environment

01/28/2020
Generally, one or two offensive comments aren’t enough to create a hostile work environment or prove discrimination. But when little jabs occur frequently, they may create a convincing “mosaic” of intentional discrimination.

Certain settlement offers don’t require approval from federal court

01/28/2020
Good news for employers inclined to settle Fair Labor Standards Act claims before they go to trial: If you make your offer under the Federal Rules of Civil Procedure, it doesn’t need a federal court’s review and approval.

EPA vs. Title VII: Court lowers standard needed to prove pay discrimination

01/28/2020
The 2nd Circuit Court of Appeals, which covers New York employers, has made it easier for workers to prove they were paid less because of sex discrimination.

Customer preference doesn’t justify bias

01/28/2020
Make sure you train all managers and supervisors how to handle customer preferences that imply discrimination. You cannot use customer preference as a defense against an employee’s racial discrimination claim.

Goodwill didn’t show any to disabled NYC janitor

01/28/2020
Goodwill Industries of Greater New York and Northern New Jersey has agreed to pay a former janitor $65,000 to settle charges of disability discrimination.

On the Border: Harassment on Long Island crossed line

01/28/2020
A discrimination complaint on Long Island has resulted in a $100,000 settlement.

Pregnancy accommodation bill approved by House committee

01/28/2020
A bipartisan bill that would require employers to offer specific accommodations to pregnant workers has cleared a key legislative hurdle.

Being short probably not an ADA-qualifying disability

01/23/2020
Merely being shorter than most people is not enough on its own to be classified as disabled under the ADA. To qualify, an applicant or employee who is short in stature would have to show that her condition substantially impairs a major life activity.

DOL continues to pursue misclassification

01/23/2020
The Department of Labor is aggressively going after employers who don’t properly classify workers, even in industries where it is common to hire workers as independent contractors.