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Employment Law

Class act? NYC strippers to split huge settlement

05/06/2013
A class of 1,245 exotic dancers will split an $8 million settlement resulting from claims that the Penthouse Executive Club in Manhattan’s Hell’s Kitchen neighborhood misclassified them as independent contractors.

Off-limits to bosses: Talk of child-rearing

05/06/2013
Some things are best left unsaid. That includes any comments about how hard it must be for a mother to have a career and raise children. Tell managers to keep the topic out of their office chitchat.

Is sexual assault covered under workers’ comp laws?

05/03/2013
In a new ruling, a court said an employee who was violently sexually assaulted on company property can sue her employer in court. This case serves as a lesson for all employers.

Supremes: No class? No FLSA class-action!

05/02/2013
The U.S. Supreme Court on April 16 dismissed an FLSA suit, reaching the somewhat obvious conclusion that a wage-and-hour case that fails to attract class members has no standing to proceed as a class-action lawsuit.

DOL issues final FMLA military caregiver, exigency leave regs

05/02/2013
The U.S. Department of Labor has issued final regulations expanding the FMLA’s caregiver and military exigency leave provisions to include more employees and cover veterans. The new regs formalize amendments included in 2010 defense spending legislation.

Retaliation alert: Don’t punish boss for refusing to alter disputed performance review

05/01/2013
Here’s an important reminder for senior executives: If an employee says she will sue for discrimination unless her evaluation is changed, don’t punish her supervisor if he refuses to go along. That could amount to retaliation for protected activity—meaning you could have two lawsuits on your hands.

Can unmarried couple both take FMLA leave for newborn?

05/01/2013
Q. A while ago two of our employees developed a romantic relationship. They are now expecting a baby and both put in a request for family leave to bond with their newborn. Are we required to give both workers leave for the birth of their child—even if they are not married?

New military caregiver leave rules continue FMLA expansion

05/01/2013
The DOL has issued new regulations implementing statutory changes to the FMLA that increase coverage for military families.

Texas Senate considers long-shot LGBT-rights law

05/01/2013
The Texas Senate is considering a bill that would ban discrimination against lesbian, gay, bisexual or transgendered employees and job applicants. Introduced by Sen. Leticia Van de Putte, S.B. 237 would prohibit employment discrimination based on sexual orientation, gender identity and gender expression.

Break in employment may cut hostile environment liability

05/01/2013
If an employee chooses to return to work in a hostile environment, that makes it much harder to successfully sue for harassment.