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Employment Law

Critical evaluation isn’t an adverse employment action

10/01/2008

Employees who claim they have been discriminated against because of a protected characteristic such as age or disability have to show that they suffered an adverse employment action. They can’t simply point to a poor performance evaluation.

Doctor charged, sued for alleged hidden bathroom camera

10/01/2008

Five women are suing Dr. Vincent Pacienza, claiming the Long Island cardiologist used a camera hidden inside an air freshener to spy on them when they used the office bathroom …

New York employers protected by new negligent hiring law

10/01/2008

There’s good news for employers that, in good faith, hire employees with criminal records. Gov. David A. Paterson signed a new law that makes it harder to use an employee’s past criminal record as proof that an employer was negligent in hiring that employee …

Hempstead Township faces sexual harassment suit

10/01/2008

Two former employees of the Hempstead Sanitation Department have filed a sexual harassment and race discrimination lawsuit claiming their supervisor, Frank Pepe, offered perks and gifts in exchange for sexual favors …

Maybe a rubber band would be better than a giant hat after all

10/01/2008

The EEOC has sued the Grand Central Partnership—the business-improvement district association for Midtown Manhattan—claiming it refused to accommodate four security guards who wear dreadlocks as required by their Rastafarian religious beliefs …

Understand New York’s new WARN Act—it’s tougher than federal law

10/01/2008

New amendments to the New York Labor Law now mean New York employers face tougher layoff notification requirements under state law than they do under federal law. The NYWARN Act, which takes effect Feb. 1, 2009, imposes requirements in addition to those mandated by the federal WARN Act …

IRS warns employers: Beware shady payroll services

10/01/2008

The IRS recently issued a warning, reminding employers that they remain responsible for paying payroll taxes on time, even if their outsourcing partner fails to do its part.

The cure for workers’ comp fraud: daily injury logs

10/01/2008

Employees who hurt themselves at work sometimes wait weeks or even months before filing a workers’ compensation claim. What at first seems like a relatively harmless injury can flare into a debilitating condition months later. Such late claims put business owners at a serious disadvantage.

Act fast, train when sexual harassment complaints arise

09/26/2008

It takes more than a written policy to avoid liability for sexual harassment. But if you back up your policy with regular training and reminders and quickly fix any harassment problems that come to your attention, chances are you won’t be liable unless the harasser was a supervisor and the employee suffered an adverse employment action …

Doctor’s note should trigger FMLA certification request

09/26/2008

The FMLA gives employers the right to ask for proper medical documentation showing that an employee actually needs and is entitled to medical leave. The law also makes it clear that employers don’t have to accept vague notes or leave requests. But that doesn’t mean you can ignore a doctor’s note that is unclear or ambiguous about the employee’s condition …