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Employment Law

It’s easier for employees to win hostile environment lawsuits in NYC

04/12/2017
Under federal law, to prove he had to endure a hostile environment, a worker has to prove the hostility was severe or pervasive. That’s not the case under New York City’s Human Relations Law.

Provide several ways to report harassment–and make sure one of them works

04/12/2017
Employers sometimes think more is better when it comes to administering their harassment policies. Unfortunately, providing lots of options doesn’t always help.

Eliminating job ends employee’s FMLA rights

04/12/2017
Ordinarily employers must reinstate employees who take FMLA leave, but that only applies if the job still exists.

Texas court says cutting overtime hours may be retaliation

04/12/2017
An employee had alleged Fair Labor Standards Act violations in an overtime lawsuit. Her employer changed its overtime policy—and applied it to the employee and no one else.

2 isolated incidents don’t add up to hostile environment

04/12/2017
A federal judge in Houston has dismissed a racial discrimination and retaliation claim filed by a man working for Noble Drilling.

EEOC alleges race bias at Houston manufacturer

04/12/2017
Downhole Technology, a Houston manufacturer of fracking equipment, faces charges it failed to address a racial discrimination complaint and then retaliated against the employee who complained.

Postage and parking fees do not a lawsuit make

04/12/2017
Sometimes, all an employee has to do to bring a federal lawsuit is pay the filing fee. The result is that employers sometimes have to defend against bogus claims.

Warn supervisors they may be personally liable

04/12/2017
Remind bosses that, along with the organization, they can be personally sued for sexual harassment. Plus, sometimes the employer may be found not liable, but the supervisor is.

Your choice: Keep accurate time records … or let jury decide number of hours worked

04/12/2017
Keep good time records, or expect to fight it out in court if some of your employees allege they weren’t paid for all time worked and are due overtime.

Not sure employee is disabled? Accommodate and wait for clarification

04/12/2017
There’s nothing wrong with accommodating and requesting more information at the same time.