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Employment Law

In Queens wage case, the Mythos and the reality

12/10/2013
The owners of Mythos, a Greek restaurant in Queens, have agreed to pay $329,000 in back pay and liquidated damages to 21 employees following an FLSA investigation by the DOL’s Wage and Hour Division.

Termination for legitimate business reason trumps FMLA

12/10/2013
Employers can terminate an em­­ployee about to take FMLA leave if they have legitimate business reasons that have nothing to do with taking FMLA leave.

Whoa! Never saw that one coming! You’re not responsible for aberrant crime

12/10/2013
Unless it’s obvious that an em­­ployer acted maliciously by purposely setting out to harm an employee, chances are it won’t be held responsible for the consequences of a co-worker’s crime.

Best defense against bias suit: consistency

12/10/2013
You simply never know which employee will sue for discrimination. Your best defense is to consistently treat all employees equally. Make all your workers follow all your workplace rules all the time.

Boss’s verbal gaffe doesn’t prove retaliation

12/10/2013
Worried that a supervisor’s isolated, ill-advised comment about a subordinate’s cooperation in a discrimination case will mean an automatic win if the employee sues for retaliation? It’s not a sure thing.

Does FMLA cover colds and flu? It’s not a question to sneeze at

12/10/2013
When Congress drafted the FMLA more than 20 years ago, colds and the flu were frequently mentioned as examples of illnesses not meant to be covered. However, FMLA regulations do provide for exceptions if an employee’s influenza is particularly serious, involves complications or requires hospitalization or continued medical treatment.

How to pay if the weather outside is frightful

12/10/2013

When harsh winter weather bumps up against the FLSA, the result can be a blizzard of pay problems for you. Employees often come in late, leave early or miss work altogether when the weather is bad. How should you count their hours—and their pay?

Trade Secrets

12/06/2013

HR Law 101: There are two important reasons you need to protect your company’s trade secrets: (1) You make it less likely that confidential information will be misappropriated. (2) It will be easier for you to seek relief in court if your secrets are stolen …  

         

Toys ‘R’ Us to pay for disability bias during hiring process

12/05/2013
Just in time for the holidays, Toys ‘R’ Us will be giving a deaf Maryland woman $35,000 to settle an EEOC complaint that store managers discriminated against her during the hiring process.

Maybe she should have tried ‘Jeopardy’ instead

12/03/2013

A former postal worker has been sentenced to three years of probation after pleading guilty to workers’ compensation fraud. Her problems began in 2009 when co-workers spotted her looking quite fit while competing on television’s “The Price is Right” game show …