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Employment Law

Failing to pay overtime? You could face a double whammy under federal and state law

03/01/2007

New York employers should be aware of a potential double hit if they fail to pay employees the correct amount of overtime pay: The Fair Labor Standards Act entitles employees to double the amount of overtime pay they’re due, and the New York State Labor Law tacks on an additional 25 percent bonus …

Notify workers’ compensation carrier of potential claims as soon as possible

03/01/2007

Many employment-based insurance policies, including workers’ compensation, require employers to notify their carriers of a potential claim “as soon as practicable.” Insurance companies have been known to refuse to defend a case if the policyholder doesn’t promptly report an accident or injury …

Keep references to past litigation out of employees’ personnel files

03/01/2007

A group of black and Hispanic police officers have accused the NYPD of harassment for noting in their personnel files that they were complainants in a discrimination suit. The notations could damage their careers, their attorney says …

NYC firefighters’ burning issue: Is a Locker ‘Private Space’?

03/01/2007

Responding to complaints about pornographic and hostile messages displayed on firefighters’ lockers, the New York City Fire Department (FDNY) asked superior officers to oversee the removal of all offensive materials …

Skater’s harassment suit puts the Garden on thin ice

03/01/2007

Ex-Rangers City skater Courtney Prince has produced a paper trail to support her sexual harassment suit against Madison Square Garden. She introduced memos showing the Garden staff was digging up dirt on her before she filed suit …

Baker Axed for Deserting Bagels Still Has a Wrongful-Firing Case

03/01/2007

A bagel baker at a BP Connect store will proceed with an HIV-discrimination and wrongful-firing suit even though he admitted his firing was justified …

Citigroup’s Cash-Balance Plan Fails the Smell Test, Judge Says

03/01/2007

A U.S. District Court judge has called Citigroup’s cash-balance pension plan “a bold and exploitative contortion” of the fractional rule, which guarantees that pensions accrue uniformly over an employee’s career …

How to comply with state’s new Mental Health Parity Law

03/01/2007

Shortly before leaving office, Gov. Pataki signed New York’s Mental Health Parity Law, which requires insurers to provide mental health benefits in all health insurance policies issued in the state …

Workplace rules can be flexible … if enforced fairly

03/01/2007

When it comes to creating workplace rules, don’t think you have to spell out every last detail. It’s OK to leave some rules intentionally vague, so you’ll have some wiggle room. Just be sure to exercise your discretion fairly …

The Dirty Dozen: Manager mistakes that spark lawsuits

03/01/2007

Lawsuits by employees against their employers have grown tremendously in the past decade. Sometimes those lawsuits have merit, sometimes they don’t. Here are 12 of the biggest manager mistakes that harm an organization’s credibility in court. Use these points as a checklist to shore up your personal employment-law defense.