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Employment Law

What should we do? Freelancer claims harassment

09/23/2019
Q. We just got a complaint from one of our freelancers alleging she was sexually harassed while working in one of our facilities. What should we do? She’s not our employee.

Do we really have to install baby changing tables in our restrooms?

09/23/2019
Q. I heard that there’s a new law in New York that requires providing baby changing tables in all bathrooms. Is that true? Why would my employees need changing tables?

Evolving landscape: Employer freedom vs. LGBT rights

09/23/2019
In the courts and via the regulatory process, employers are slowly gaining the right to reject certain employees on the basis of their owners’ or officers’ religious convictions.

Keeping up with recent New York employment laws

09/23/2019
You’re not alone if you feel as if the New York state legislature has been passing a new law affecting employers almost weekly. It has, and keeping up isn’t easy. Here are two recent changes.

EEOC nails polish factory for failure to accommodate

09/23/2019
Kirker Enterprises, which operates a nail polish factory in Newburgh, N.Y., faces an EEOC lawsuit claiming that when the company took over the plant in 2015, it withdrew a successful accommodation that had been provided to a disabled employee.

Extending probation doesn’t count as adverse action

09/23/2019
Employees who sue for discrimination must show they suffered an adverse employment action. But that action must be substantial. An extended probationary period usually isn’t enough.

Personality traits are not disabilities under the ADA

09/23/2019
Asking a worker to undergo a psychological exam to determine his fitness for work isn’t the same as regarding him as disabled under the ADA.

Men are responding to #MeToo: Backlash may open door to more lawsuits

09/23/2019
For almost two years now, the #MeToo social media movement has helped bring down powerful men accused of sexual harassment. But #MeToo has also triggered a backlash of sorts, mainly from men who claim they have been falsely targeted.

Supervisor’s name-calling enough for lawsuit

09/23/2019
When a supervisor regularly calls employees derogatory names, that may be enough to move a discrimination lawsuit forward. It’s one reason you should warn all managers and executives that they must treat all subordinates with respect.

DOL opinion letters address FMLA, FLSA, CCPA

09/23/2019
The Department of Labor’s Wage and Hour Division recently issued three opinion letters addressing employer-submitted questions about the FMLA, the Fair Labor Standards Act and the Consumer Credit Protection Act.