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Employment Law

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.

Paper trail of minor infractions can backfire

01/14/2015
Many bosses succumb to the temptation to build a disciplinary case against the employee by citing a long list of minor rule violations. But that can be dangerous, especially if the same violations don’t trigger the same scrutiny for other employees.

FMLA may cover some independent contractors

01/14/2015
A federal appeals court has cast doubt on the longstanding belief that independent contractors are never “employees” under the FMLA.

ACA vs. ADA: EEOC loses on wellness programs

01/13/2015
The EEOC has lost its bid for a preliminary injunction that would have prevented a major employer from withholding funds from the Health Savings Accounts of employees who refused to participate in a wellness program.