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Employment Law

Contract will still stick, even if employee fails to read it

12/01/2006

When faced with a multipage employment contract, some job candidates and employees may be tempted to skip a careful reading before they sign on the dotted line. But state courts won’t excuse employees who claim that they didn’t understand the employment terms because they never read them …

Even Lateral Transfer Can Be Declared ‘Illegal Retaliation’

12/01/2006

Whenever one of your employees files a discrimination claim, you now need to be ultracautious about making any changes to that employee’s job. That’s because almost any change—including lateral transfers with the same pay and title—can now be deemed an illegal "adverse employment action" by the court …

Disability harassment costs Wall Street firm half million

12/01/2006

Wall Street securities firm LaBranche & Co. agreed to pay former trading assistant Peter Servidio $500,000 to settle his disability harassment lawsuit …

During lawsuit, don’t inquire about worker’s immigration status

12/01/2006

If you’re facing an employment lawsuit, don’t bother probing into the employee’s immigration status during the lawsuit’s discovery phase. The EEOC has long held that immigration status is irrelevant to any underlying discrimination claims, and a recent federal court ruling supports this stance …

Brokerage house overtime case serves as cautionary tale

12/01/2006

One disgruntled worker’s lawsuit has turned into a class-action headache for brokerage firm Barclay’s Capital …

Workers’ Comp Reform? It’s ‘Wait Till Next Year’ Again

12/01/2006

HR professionals in New York have worked hard in recent years to try to improve the state’s expensive workers’ compensation system. But you’ll have to wait at least another year for reform …

Pay Attention to New Proof-of-Age Requirement for N.Y. Employers

12/01/2006

A little-noticed amendment to New York’s Labor Law imposes a new recordkeeping requirement on New York employers. We’re all familiar with the requirement that, for most types of employment, minors under age 18 must provide employers with employment certificates, commonly known as "working papers," to lawfully hold jobs …

Psychiatric Records Off-Limits in Certain Investigations

12/01/2006

When a Florida employee seeks workers’ compensation, your organization doesn’t have unlimited access to his or her medical information to challenge that request …

One simple mistake can entitle workers to UI benefits

12/01/2006

When you terminate an employee for refusing to accept a schedule change, that person typically isn’t eligible for unemployment compensation. But if your organization makes one little mistake in such circumstances, it could be on the hook for benefits …

Co-Worker’s flirtation isn’t sexual harassment

12/01/2006

Casting admiring glances or making other such flirtatious gestures toward a co-worker isn’t sexual harassment under the Florida Civil Rights Act. That law doesn’t require employers to guarantee that employees won’t ever look at each other in a way perceived as a "come-on" …