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Employment Law

Beware risky suggestions about retirement

11/10/2014

Remind your supervisors: Be careful how you approach discussing potential retirement plans with employees. As this new case shows, asking about the subject too often or in a way that’s not business-related could trigger an age discrimination lawsuit—especially if the employee loses her job soon after the discussion.

Explain FMLA benefits to employees before they hit their one-year anniversary

11/07/2014
Employees have to wait a year before becoming eligible for FMLA leave. But it’s wise to let them know about the law—and the benefits it provides—before they reach that one-year anniversary.

Facing legal action? Know when to put a ‘litigation hold’ on your email purging

11/06/2014
Most employers aren’t aware of the risk of deleting old emails at the wrong time.

What you need to know about New York’s new medical marijuana law

11/05/2014
With the July 2014 enactment of the Compassionate Care Act, New York became the 23rd state to legalize medical marijuana. Employers should become familiar with how the law may affect the workplace.

EEOC alleges home care company violated GINA

11/05/2014
New York City-based BNV Home Care faces an EEOC lawsuit after staff members complained that the company sought extensive family health histories as part of an “employee health assessment.”

Prompt action on harassment limits your liability

11/05/2014

How you handle a sexual harassment complaint can mean the difference between a quick lawsuit dismissal and protracted litigation. Prompt action is essential.

Younger replacement doesn’t prove age discrimination

11/05/2014
Have you ever worried that, after terminating an older worker, replacing him with a younger one might look like age discrimination? That concern is likely unfounded if you had a legitimate, business-related reason for the earlier termination.

Afraid you messed up (or have to pay up)? Try offering to reinstate fired employee

11/05/2014
Here’s a litigation tactic your attorney may suggest to cut potential liability in a case where you may be liable: If you make an unconditional offer to reinstate the employee and she rejects the offer, you won’t have to pay future lost wages after the offer date.

Put an immediate stop to co-worker harassment over FMLA use

11/05/2014
Some supervisors and co-workers who don’t have children may resent having to pick up the perceived slack while the new mom or dad is home with their bundle of joy. The same may be true if other employees view someone’s FMLA use as frivolous or unnecessary. When co-workers or supervisors ridicule other employees for using FMLA leave, that may be retaliation.

Remind managers: Employment decisions based on religion aren’t kosher–or legal

11/05/2014
Here’s a reminder for the next time you provide harassment and discrimination training: Tell managers and supervisors that they should never comment on an em­­ployee’s religious preferences or make any assignments based on notions about certain religions.