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Employment Law

Judge denies TWU bid to regain dues check-Off rights

01/01/2008

Brooklyn State Supreme Court Justice Bruce Balter flatly denied the Transport Workers Union of America’s (TWU) request to resume automatic dues deductions after the union failed to renounce its right to strike …

Hookers, communal baths put Dentsu in hot water

01/01/2008

Steve Beigel, former creative director for Manhattan ad agency Dentsu Holdings, is suing the company over sexually offensive outings held on company trips …

Waitress: Cipriani restaurant is hostile to women

01/01/2008

A waitress has sued Cipriani restaurants and a dozen male employees, claiming they subjected her to a stream of degrading comments about women. Lastenia Amparo Torres, who works at Harry Cipriani in the Sherry-Netherland Hotel in Manhattan, said the harassment began when she joined the restaurant in 2000 and hasn’t let up since …

Hollywood on the Hudson: Shrink says he was forced out

01/01/2008

A psychiatrist has sued Columbia University, saying a colleague undermined his work in a Machiavellian effort to force him out. Dr. Peter Jensen, former director of the Center for the Advancement of Children’s Mental Health, claims Dr. David Shaffer, director of child psychiatry, falsely impugned his work …

Require HR review of disciplinary records before discharge

01/01/2008

Nothing will send a discrimination case to trial faster than obvious unequal treatment of employees. That’s why it is important to have someone in HR do a complete review before the company discharges someone for poor performance or rule violations …

All periods of employment count toward FMLA eligibility

01/01/2008

For the purpose of determining FMLA eligibility, all time spent working for an organization counts toward the minimum one year of service the law requires. That’s true even if there was a gap in employment …

Whistle-Blowers must first pursue claims administratively

01/01/2008

Federal employees who report alleged wrongdoing by the agencies they work for are entitled to special protections for their whistle-blowing actions. But they also have obligations—if they believe they have suffered retaliation, they must bring an administrative claim before the U.S. Merit Systems Protection Board before filing a lawsuit in federal court …

Wellness program: Can you require employees to join?

01/01/2008

A “perfect storm” of an aging work force, escalating health care costs, more obese and sedentary employees and a looming shortage of skilled workers could drive organizations to make their wellness programs mandatory within a few years …

You don’t have to raise arbitration at the EEOC stage

01/01/2008

If, like many employers, you would rather avoid litigation by relying instead on arbitration to settle workplace disputes, you probably know that employees still may take their claims to the EEOC. That’s because the agency claims an interest in knowing whether employers are following the nation’s anti-discrimination laws. But it’s perfectly legal to force an employee into arbitration over those same claims …

Remind supervisors: Neglecting job descriptions, appraisals lead to trouble

01/01/2008

It may be a busy, hectic and crazy workplace, but that doesn’t excuse supervisors and managers from providing updated and accurate job descriptions and documenting job performances. Workplaces that neglect those essential duties face huge lawsuit risks …