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Employment Law

State laws on same-sex marriages, civil unions and domestic partnerships

06/12/2014
State bans on same-sex marriage continue to be challenged in court. Here’s a chart to help you make sense of where states currently stand in this fast-changing area of the law.

Suspect an employee is being harassed? Ask if she wants an investigation

06/11/2014
Some employees may be embarrassed when they experience sex­­ual harassment. They may feel too uncomfortable to come right out and repeat offensive comments they heard. What should HR do?

DOL releases regulatory agenda for remainder of 2014, early 2015

06/11/2014
Twice every year, federal agencies offer an unheralded but revealing peek at their upcoming priorities. The Department of Labor’s most recent semiannual regulatory agenda, released in late May, provides enforcement clues employers should heed.

Post-FMLA exam is OK–after reinstatement

06/10/2014

Before approving FMLA leave, an employer can require medical certification of the need for leave. But when it’s time for the employee to return from leave, employers can’t demand additional evaluations beyond the certification a doctor supplies showing the employee is ready to resume work. But what if the employer worries that the employee really can’t perform her job?

Bypass ADA interactive accommodation process at your peril

06/09/2014

When it comes ADA disability discrimination claims, employers have to think about litigation as soon as an employee self-identifies as disabled and brings up potential reasonable accommodations. If a supervisor or HR professional refuses to even consider accommodations, it all but guarantees that the case won’t be dismissed at the summary judgment stage, potentially leading to a jury trial.

State court awards $1.6 million to Manhattan lesbian chef

06/09/2014
A Manhattan chef will see her largest payday ever after a state appellate court upheld a $1.6 million judgment against her former employer. Edward Globokar, owner of Tribecamex, will fork over the big bucks to his openly lesbian chef.

MTA rank and file sign contract

06/09/2014
A new contract grants unionized em­­ployees of New York City’s Metropolitan Transit Authority retroactive 1% raises for each of the past two years, which means most will receive one-time payments between $3,000 and $5,000.

Long Island insurance firm settles age bias claim for $300,000

06/09/2014
PJP Health will pay three f­ormer employees $300,000 to settle charges it harassed, fired and retaliated against the workers.

For wage litigation, no disguising common ownership

06/09/2014
Setting up several different corporations to run related enterprises won’t insulate the businesses from liability for wage-and-hour claims if the interrelationship is close.

Act fast on word of supervisor harassment

06/09/2014
Here’s a powerful reminder that when a supervisor is the harasser, prompt action can still save the day—as long as the harassed employee hasn’t yet been demoted, fired or otherwise substantially harmed.