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Employment Law

To claim discrimination, worker must cite ‘adverse action’–not just an upsetting one

02/16/2017
Employees who claim their employers discriminated against them must be able to prove that they suffered some sort of action that was “adverse,” not merely uncomfortable, inconvenient or even unfair.

Union arbitrator can decide guilt, but not punishment

02/16/2017
If an agreement includes specific disciplinary provisions, it’s up to an arbitrator to determine if an employee violated the rules. But if the agreement spells out the punishment, the arbitrator is not free to modify the penalty.

ADA claims can live on even after death

02/16/2017
A federal appeals court has decided ADA disability discrimination claims can continue even though the employee has died.

Charges might be wrong? Beware retaliation

02/16/2017
An employer has learned the hard way that taking draconian action against an employee who might have filed false harassment charges usually isn’t a good idea.

Two-for-one regs purge? Don’t bet on it

02/16/2017
A dramatic reduction in the regulatory burden may be largely illusory, for several reasons.

Puzder tipped off to Democrats’ HELP Committee queries

02/15/2017
Andrew Puzder, President Trump’s nominee to become Secretary of Labor, got a preview of the tough questioning that he was to expect Feb. 16 during his scheduled confirmation hearings.

Snapshot – Retaliation: The most common EEOC charge

02/15/2017
Retaliation passed race discrimination as the most common EEOC charge in 2009.

EEOC issues new enforcement guidance on harassment

02/09/2017
The EEOC has issued proposed guidance on how it plans to enforce anti-harassment provisions of several federal laws.

N.Y. firm that runs Senate cafeteria faces contract ban

02/09/2017
The U.S. Department of Labor has initiated disbarment proceedings against the New York City company that holds the contract to operate the U.S. Senate’s cafeteria in Washington, D.C.

Cuomo executive orders aim to close wage gap

02/09/2017
Gov. Andrew Cuomo has issued two executive orders designed to close the wage gap between male and female state employees in New York.