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Employment Law

NLRB wants to settle troublesome joint employer issue with new rule

05/15/2018
The National Labor Relations Board is considering enacting a rule to address the standard for determining joint-employer status under the National Labor Relations Act.

Target pays $3.9 mil to settle background check lawsuit

05/15/2018
Retail giant Target has agreed to pay $3.9 million to settle a long-running discrimination suit alleging its policy of not hiring people with criminal convictions disproportionately affects black and Hispanic applicants.

DOL: Expect new overtime pay rule in 2019

05/14/2018
The U.S. Department of Labor plans to wait until 2019 to release new proposed overtime rules for white-collar employees. The announcement, buried deep inside the Trump administration’s spring regulatory agenda document, merely states that the DOL will issue a notice of proposed rulemaking on “01/00/2019″—in other words, sometime next year.

Cost of ‘younger and fresh’ staff: $2.85 million

05/10/2018
Staffing your store or restaurant with only young people crashes hard against federal and state laws that forbid age discrimination in hiring and promotions. And that can be expensive. In fact, it just cost the national restaurant chain Seasons 52 more than $2.85 million.

Play ball! But prevent legal risks at company activities

05/09/2018
Say your marketing director breaks his leg at an after-hours employee softball game. Or your sales rep claims she was harassed at an after-work party. Is your organization liable for such off-premises activities? It depends to what degree you “sponsored” those events. Here are four ways to steer clear of liability …

Training on implicit bias has pluses—and pitfalls to avoid

05/09/2018
Bias plays a part in all discrimination, ranging from race relations to gender and disability stereotypes. Training on implicit or unconscious bias training—if poorly implemented—may backfire, leaving the workplace more divided than it was before.

State of New York has new rules to curb harassment

05/09/2018
The unveiling of New York’s 2019 budget made it clear that the state has maintained its focus on curbing sexual harassment in the workplace. The measures affect both private and public employers. Here are some of the highlights.

Long Island body shop settles to avert collision with DOL

05/09/2018
Farmingdale Auto Collision and its owners have agreed to settle charges the company violated the Fair Labor Standards Act by not paying overtime pay as required by the law.

Ignorance may be bliss, but it’s a lousy legal strategy

05/09/2018
Ignoring a lawsuit won’t make it go away. In fact, it almost certainly means a default judgment in the employee’s favor. Be sure managers and executives understand they must take all legal paperwork seriously.

To sue for failure to promote, employee must have actually applied for promotion

05/09/2018
When an employee sues his employer, alleging he was denied a promotion because of some form of discrimination, he must at least show that he applied for the promotion. Merely telling his supervisors that he’s interested in possible promotion opportunities isn’t enough when the employer has a formal application process in place.