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Employment Law

Technological change drives three new NLRB decisions

01/14/2015
The National Labor Relations Board has issued three far-reaching decisions that change long-standing practices under the National Labor Relations Act. All reflect a disquieting connection between modern communications and old-fashioned labor relations.

Transgender employees: The new protected category?

01/14/2015

By now, most employers are familiar with the list of categories protected from employment discrimination under Title VII of the Civil Rights Act: race, color, religion, national origin and sex. Other federal anti-discrimination laws add additional protected categories to the list: disability (ADA), age (Age Discrimination in Employment Act), pregnancy (Pregnancy Dis­­crimi­­nation Act) and genetic information (Genetic Information Non­­dis­­crimi­­na­­tion Act). Absent is any mention of sexual orientation or gender identity.

Amazon, NLRB reach accord on ‘disrespectful, loud’ speech

01/14/2015
Online retail giant Amazon and the NLRB have resolved an unfair labor practices claim with an agreement that could lead to unionization of many of the company’s warehouses. The move was prompted by a heavy-handed response to an employee complaint during an employee meeting.

Study suggests widespread minimum wage violations in NY

01/14/2015
A study commissioned by the U.S. Department of Labor finds that somewhere between 3.5% and 6.5% of workers in New York earn less than the minimum wage. The study, performed by Eastern Research Group, showed that more than 300,000 New York workers were being paid illegally low wages.

Not every complaint amounts to protected activity

01/14/2015

It’s illegal to retaliate against employees for engaging in protected activity. But not every complaint qualifies as protected activity. For example, under Title VII, retaliation is only illegal if it relates to a complaint about some form of discrimination covered by that law.

False arrest can be retaliation

01/14/2015
It’s almost always a bad idea to make an example out of a terminated employee.

OK to fire if employee doesn’t call to explain why he missed expected FMLA return date

01/14/2015
Employees are supposed to notify their employers about their need for FMLA leave as soon as is practical. When they are already out on leave with a set return date, the same rule applies if the employee will need more time off. He or she can’t just extend the leave without telling anyone and expect to keep the job.

In court, consistency is key: Prepare to justify all deviations from company rules

01/14/2015
If you decide to deviate from your usual rules, make sure you have a legitimate business-related reason for doing so. Otherwise, you risk potential litigation if the affected employee claims the real reason you made an exception was his protected status.

If you can’t say anything nice … Comments about pregnancy are never wise

01/14/2015

We’ve said it before, but it’s worth repeating: The only appropriate comment when an em­­ployee announces she’s pregnant is a cheerful “Congratulations!” Anything else can end up being used against you if you eventually have to discipline or even fire the expecting mother.

NYC, Rochester rated state’s best cities for LGBT rights

01/14/2015
New York City and Rochester scored perfect 100 ratings in the Human Rights Campaign’s annual assessment of American cities with local laws and policies that protect lesbian, gay, bisexual and transgender people from discrimination.