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Employment Law

When to use leave as an accommodation for disabled workers

02/09/2015
The U.S. Department of Labor-sponsored Job Accommodation Network has published new guidance on using leave as an accommodation under the ADA.

Volunteer emergency responders in New York now entitled to leave

02/09/2015
As of Dec. 22, 2014, employers in New York must grant leave to employees who also serve as volunteer emergency responders during times when the governor has declared a state of emergency or if a federal emergency has been declared.

Attorney general wants to see Saks anti-bias policy

02/09/2015
A discrimination lawsuit against retailer Saks Fifth Avenue in Texas has spurred an inquiry from New York Attorney General Eric Schneiderman.

Ex-NYC parks employee sues, details raunchy parties

02/09/2015
A former New York City Department of Parks & Recreation employee has filed a discrimination and retaliation suit against the city after she was fired after complaining about pervasive sexual harassment. Although city investigators largely corroborated her complaints against two supervisors, the woman lost her job.

You’re off the hook: No more WTPA annual statements in New York

02/09/2015
In December, Gov. Andrew Cuomo signed legislation eliminating employers’ obligation to file an annual statement under the Wage Theft Protection Act. The annual statement provided a snapshot of pay rates and to employees each January.

Set hiring standards that let you select best candidate

02/09/2015
Employers are free to set hiring standards and then to pick from the most qualified applicants. Disappointed applicants can’t sue just because they believe they were somehow discriminated against. They have to offer some proof that the employer didn’t hire the best-qualified applicant.

Be sure you can justify reason why promoted worker didn’t get raise

02/09/2015

Most employees who are promoted see that as a vote of confidence and assume their new responsibilities will include more money or other tangible benefits. But what if you don’t want to raise pay?

Court: Mum can’t be the word when it comes to confidentiality of FLSA settlements

02/09/2015
A federal court has nixed the idea of a confidential Fair Labor Standards Act settlement. The court concluded that keeping violations secret goes against the spirit of the FLSA because it would allow employers to effectively hide violations from public scrutiny.

Invoke FMLA when employee can’t do job

02/09/2015

Sometimes a pregnant employee develops problems that amount to a temporary disability. Then she may need accommodations. But if those accommodations don’t allow the employee to perform the essential functions of the job, you can place the employee on FMLA leave. If she can’t return to work when her FMLA entitlement is up, you may terminate the employee without violating the FMLA.

DOL’s 2016 budget tips off Obama’s priorities

02/09/2015
The U.S. Department of Labor stands to gain far more than most federal agencies in the White House’s fiscal year 2016 budget proposal released Feb. 2. President Obama’s budget would increase DOL funding by almost 11% next year, compared to an average of 5.3% for other federal agencies.