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Employment Law

Watch out! EEOC complaint can mushroom into class action

03/01/2008

If there was ever a reason to involve your attorney in an EEOC investigation, here’s a powerful one: If a lone employee who brings an EEOC complaint claims you favored white employees, he may be able to expand his lawsuit to represent all nonwhite employees who were allegedly discriminated against, not just employees in his particular protected class …

Returning from FMLA leave may require ADA accommodation

03/01/2008

Balancing time off with reasonable accommodations can be tough if one of your employees is covered by both the FMLA and the ADA. You must be especially careful if a disability means an employee needs to take her 12 weeks of unpaid FMLA leave, but can’t quite return to work without an accommodation …

Temporary illnesses and injuries aren’t disabilities

03/01/2008

Fortunately for employers, not every temporary physical restriction is a disability under the ADA. Before you entertain accommodations, look at the claimed disability and decide whether the problem will resolve itself within a reasonable time frame or if it permanently impairs a major life function …

Tell supervisors: No paybacks for reporting harassment

03/01/2008

Even with the best sexual harassment training, it’s hard for some employees to grasp exactly what constitutes sexual harassment and what’s merely horseplay or roughhousing—especially when the behavior is directed at the same sex. But that doesn’t mean that an employee who comes forward with that sort of complaint isn’t engaged in protected activity …

Financial reasons behind layoff? Make certain you can prove it

03/01/2008

When economic downturns lead to layoffs, companies can expect former employees to be bitter—and maybe even angry enough to look for reasons to sue. Before you announce layoffs, document the internal business evaluations that led to the terminations. That way, you will be ready if a lawsuit seemingly comes out of nowhere …

Make sure your handbook includes a disclaimer—And that employees sign it

03/01/2008

No doubt you have an employee handbook. It probably includes a disclaimer warning employees that the handbook isn’t a contract and that employment is at-will. Make sure each and every at-will employee signs an acknowledgment of receipt so you can prove he or she knew the handbook contained no binding promises …

Settlement ends 37-Year-Old union discrimination case

03/01/2008

A federal judge has approved a $6.2 million settlement for more than 150 sheet metal workers in a 37-year-old lawsuit against a union notorious for racial discrimination …

Madison Square Garden back in the penalty box

03/01/2008

Still reeling from a protracted, embarrassing trial and punishing verdict in Anucha Browne Sanders’ sexual harassment suit against New York Knicks coach Isiah Thomas, Madison Square Garden (MSG) has quietly settled a sexual harassment lawsuit with former New York Rangers cheerleader Courtney Prince for an undisclosed amount …

Carwashes take a bath over unpaid wages

03/01/2008

Two Bronx carwashes, Tremont Car Wash and Webster Car Wash, and their corporate president have agreed to pay $707,298 in back wages and damages to 237 employees. U.S. Labor Department investigators found that employees at both carwashes were required to work more than 70 hours per week without being paid the federal minimum wage or overtime …

New York’s new employment laws hit employers hard

03/01/2008

Last year, while you were hard at work, so was the New York Legislature. Lawmakers passed a record number of laws affecting employers in 2007. Some laws you may have read about, while others you may have missed. Make sure you’re up to speed on new state laws that surely will impact how you manage employees in 2008 and beyond …