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Employment Law

Sometimes, employee gets 2 shots at lawsuit

03/11/2016
An employee who had a state interference-with-contract claim dismissed—the court said he had been legitimately fired for insubordination—can still file a federal whistleblower retaliation lawsuit based on the same facts.

Stray comments alone don’t prove bias

03/11/2016
A few stray comments in the workplace aren’t enough to taint every employment action. The comments have to be somehow tied to the employment action.

It’s perfectly legal to ask for FMLA documentation

03/11/2016
Don’t be afraid to ask employees for documentation showing that they qualify for FMLA leave. Unless you are actively harassing the worker about taking leave, asking for certification or more information doesn’t interfere with his FMLA rights.

FMLA ‘serious’ health conditions: Who decides and how?

03/10/2016
One of the trickiest parts of administering FMLA benefits is figuring out whether an employee’s health condition qualifies for leave. Who makes that decision … and how? Follow these steps to verify and certify an employee’s right to FMLA leave.

EEOC issues fresh guidance on anti-retaliation compliance

03/09/2016
The EEOC has updated its enforcement guidance on retaliation for the first time since 1998.

Three new employment law issues affect New York employers

03/09/2016
This month, we bring you a compendium of new laws, ordinances and regulations affecting New York employers.

New York expands protection for transgender workers

03/09/2016
The New York Division of Human Rights has adopted new regulations expanding the definition of “sex” under the state’s Human Rights Law to include gender identity and transgender status.

Poor review isn’t infliction of emotional distress

03/09/2016
Sometimes, unhappy employees quit and sue, making claims that may never stick but that still have to be defended. A favorite tactic is to sue supervisors, claiming they intentionally inflicted emotional distress.

Language doesn’t create protected class

03/09/2016
An employee who claimed he was singled out and discriminated against because he did not speak a particular language has lost his discrimination case.

If disability accommodation is easy to grant–like early lunch–go ahead and grant it

03/09/2016
Every once in a while, a disability accommodation arises that is so simple to implement that it’s a no-brainer to grant it.