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Employment Law

Why you need complete records of hiring process

09/05/2014
It’s crucial to keep good records of the hiring process, including tracking applicant experience levels. After all, you never know which applicant will sue, alleging that he was passed over for a discriminatory reason.

Ensure your grooming policies are color blind

09/05/2014
Do you cut slack for some employees when enforcing your grooming policies? If so, there may be a race discrimination lawsuit in your future.

FLSA overtime rules don’t apply to truly small and local businesses

09/05/2014
Some very small employers are truly so tiny that they’re not covered by Fair Labor Standards Act overtime rules.

Tell hiring managers: No subjective comments about candidates in notes

09/05/2014
You conduct interviews to help determine who is the best candidate for a position. But every interview carries with it the possibility of a lawsuit.

Employee never applied for promotion? That makes suing you much more difficult

09/05/2014
In most cases, employees seeking a promotion or applicants seeking a new job have to actually apply and then be rejected in order to sue over alleged discrimination. Except in very rare cases—when it is obvious that applying would be futile or when the application process is hidden or informal—an application is a prerequisite for a lawsuit.

NYC law makes it easier for employees to win

09/05/2014

Not long ago, the U.S. Supreme Court made it harder for em­­ployees to prove retaliation under Title VII anti-discrimination provisions. Under the New York City Human Rights Law, employees need only prove retaliation was an important motive in an adverse employment decision, not the only one.

Bone-headed boss? Quick stop saves the day

09/05/2014
Sometimes, supervisors say stupid things. How you respond may mean the difference between winning or losing a lawsuit based on those comments.

NLRB decides it now covers retaliation in harassment cases

09/04/2014
Here’s another reason to guard against retaliation following a sexual harassment complaint: You could be slapped with an unfair labor practices charge for actions that occur after an employee asks co-workers to help gather evidence of harassment.

Your company has a 1 in 8 chance of being sued for …

09/03/2014
U.S. businesses with at least 10 employees have a 12.5% chance of having an employment liability charge filed against them, according to a recent study by Hiscox, a specialty insurer that focuses on employer legal liability coverage.

Does independent contractor status affect unemployment benefits for temps?

09/02/2014
Q. We’re aware of the unemployment comp responsibilities that come with being the last employer on record, so we require that all seasonal temps sign a policy that clearly states when their employment with us will end. If temps are hired with 1099 status, will our company still be responsible as the last employer on record and held liable for unemployment benefits? If we use a temp agency, are we liable?