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Employment Law

Don’t let fear of lawsuits stop reorganization efforts

06/07/2013
Companies that don’t change with the times risk going out of business. But change can be uncomfortable for employees, especially if it affects them directly in lost pay, status or even continued employment. Don’t let the possibility of a lawsuit keep you from making necessary adjustments.

Workplace romance, by itself, is not illegal

06/07/2013
While workplace romances can cause all kinds of problems, it isn’t necessarily illegal discrimination if a supervisor favors his girlfriend. That’s true even if others feel they are being passed over or otherwise treated poorly because of the affair.

Strive for workplace harmony and cordiality; don’t obsess about eliminating all annoyances

06/07/2013
While management should strive for as cordial a workplace as practically possible, don’t worry if yours sometimes falls short. Don’t take complaints about petty slights and behaviors too seriously if you are sure there isn’t more below the ­surface.

Be prepared to show court that your rules are fair

06/07/2013
Courts want to leave employers in charge of running their organizations. They won’t second-guess the rules you set, as long as they don’t appear illegal or discriminatory—even petty or quirky rules.

New York City area a hotbed for FLSA cases

06/07/2013
The Southern and Eastern Federal Districts of New York are among the top five districts nationwide for FLSA lawsuits.

New York minimum wage to increase at end of year

06/07/2013
The state minimum wage for most jobs will rise to $8.00 per hour effec­­tive Dec. 31, 2013, after the Leg­­is­­la­­ture approved Gov. Andrew Cuomo’s pro­­posal in late March. The minimum wage will increase twice more: to $8.75 on Dec. 31, 2014, and to $9.00 on Dec. 31, 2015.

Check records before and after harassment claim

06/07/2013
Here’s a tip that could save you thousands in legal bills and penalties: When you are asked to terminate a poor performer who previously complained about harassment, make sure her performance problems didn’t suddenly emerge after the complaint. That could be a clear indication of retaliation.

Will egg farm have to scramble to defend EEOC suit?

06/05/2013
The nation’s largest producer of fresh eggs is being sued after it fired a black employee who had complained about racial and sexual harassment at the company’s farm in Waelder.

Document carefully to justify discipline

06/05/2013
Here’s some good news for those worried about absolute fairness in discipline: You have more latitude than you may think. Courts will use another employee’s lighter discipline as discrimination evidence only if the two employees being compared committed offenses of “comparable seriousness,” which generally means their wrongdoing was “nearly identical.”

Employees who need help with a disability don’t need to say ‘ADA’ or ‘accommodation’

06/05/2013
Under the ADA, employees don’t have to ask for an “accommodation” for their ailments. They merely have to provide enough information for you to realize that’s what they need. It’s up to you to understand their legal rights—then start the interactive dialogue to arrive at a “reasonable accommodation.”