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Employment Law

You need great records to beat NYCHRL suits

02/12/2019
New York City employers have to clear a high bar to defend against discrimination claims under the New York City Human Rights Law. For all practical purposes, you have to show that discrimination played no role whatsoever in your decision.

Taxpayers no longer on hook for Capitol Hill harassment

02/12/2019
President Trump signed legislation that holds members of Congress personally liable for legal bills incurred as a result of civil actions that result in damage awards or settlements.

Honest business decisions are rarely discrimination

02/12/2019
Terminating a service contract based on the contractor’s race may violate Section 1981 of the Civil Rights Act of 1866. However, that’s a tough case except in cases of blatant discrimination.

Track requests to show: It was his idea!

02/12/2019
When an employee asks for a transfer or some other change to his working conditions, be sure you track the request. That way, if he later alleges coercion, discrimination or retaliation, you can show it was all his idea in the first place.

Watch 180-day deadline for complaints under Texas Commission on Human Rights Act

02/12/2019
Employees alleging discrimination under the Texas Commission on Human Rights Act have 180 days from the date of the last discriminatory act to file complaints with either the Texas Commission on Human Rights or the EEOC.

Beware contractor misclassification when buying labor through third party

02/12/2019
Merely calling someone an independent contractor (or even hiring them though a third party) won’t shield you from overtime liability if the worker should have been classified as an employee.

FMLA can’t be used to create long weekends

02/12/2019
Employees who meet the minimum service and medical requirements are entitled to intermittent FMLA leave. But what if they appear to be abusing their FMLA rights to gain favorable schedules, in the process creating staffing problems for the employer?

Tell bosses: Stifle all age-related comments

02/12/2019
It’s your job to make sure no one in authority makes comments that can be perceived as ageist, sexist, racist or otherwise discriminatory. Ignoring comments won’t make them go away.

School contractor sues, won’t pledge not to boycott Israel

02/12/2019
A speech pathologist who has worked as a contractor for the Pflugerville Independent School District since 2009 is suing the district and Texas Attorney General Ken Paxton, alleging a clause in her contract violates the Constitution.

New FLSA resource from DOL

02/12/2019
The Department of Labor has launched an electronic version of its “Handy Reference Guide to the Fair Labor Standards Act.”