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Employment Law

Allegations of discrimination? Consider transfer

10/12/2016
Sometimes, the best thing an employ-er can do is to offer a transfer to an employee who has complained about alleged discriminatory conduct.

Return from FMLA leave: Spell out requirements for fitness-for-duty certification in advance

10/12/2016
If you intend to require an employee taking FMLA leave to provide a fitness-for-duty certificate on return, you must make that clear up front when he first requests leave.

Boss’s stray comment isn’t enough to prove national origin discrimination

10/12/2016
Sometimes, supervisors get frustrated with difficult employees. That’s when they may say something in the heat of an argument that they later regret.

Watch out for suits claiming NYCHRL violation: They’re much easier for employees to win

10/12/2016
It is far easier for an employee to argue that he has been a victim of discrimination under New York City’s anti-bias law than under federal law.

Prepare to prove firing wasn’t retaliation

10/12/2016
If an employee complained about a supervisor’s actions, make sure the supervisor can’t manipulate the disciplinary process to punish the worker.

Beware close timing between FMLA and firing

10/12/2016
Use caution when terminating someone who is on FMLA leave or has just returned to work following FMLA leave. The timing alone might trigger a lawsuit.

EEOC doesn’t dig NYC excavation firm’s harassment

10/12/2016
The EEOC has sued the Laquila Group alleging it tolerated racial harassment of black employees and retaliated against at least one who complained.

Complaints against McDonald’s bring EEOC into joint-employer fight

10/12/2016
A new front has opened in the war to determine if McDonald’s, along with its franchisees, is liable as a joint employer for employment law violations.

3rd Circuit: ‘Donning and doffing’ counts toward OT

10/12/2016
Chemicals giant Dupont must pay overtime to workers whose workweek exceeds 40 hours because of time spent putting on and taking off protective gear.

It’s time to update three workplace posters

10/12/2016
Regulators see workplace posters as vital, legal documents; and employers who fail to update them may face fines.