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Employment Law

ADA: Don’t let procedural hurdles stop accommodations process

01/09/2013
Employees with disabilities have the right to request reasonable ADA accommodations. Punishing them for making such a request can be grounds for a retaliation lawsuit—even if no accommodations were possible or due.

How to stop midshift intermittent FMLA leave abuse

01/09/2013
There’s nothing quite like trying to manage intermittent FMLA leave for employees who must see to loved ones’ care during working hours. It’s even more difficult if the employee comes to work, only to spend all her time on the phone, supposedly dealing with the serious health condition covered by FMLA intermittent leave.

Beware! Old slights can bolster new bias claims

01/09/2013
Here’s an important factor when considering discharge: Dis­­crimi­­nation complaints made years ago can form the basis for a lawsuit if the underlying events show a pattern of discrimination.

First Republic settles FLSA suit for more than $1 million

01/09/2013
San Francisco-based First Republic Bank has agreed to pay $1,009,644 in overtime back wages for 392 First Republic Bank employees in New York, California, Connecticut, Mas­­sa­­chu­­setts and Oregon.

Queens contractors plead guilty to not paying workers

01/09/2013

The owners of Onward Construction in Queens have pleaded guilty to a misdemeanor count of failing to pay their employees. The company quit paying its seven workers in March 2011. In all, they owed workers $18,680 by the end of September 2012.

Complaint alleges shocking bias at General Electric

01/09/2013
A black General Electric employee has sued the multinational conglomerate for $50 million, alleging she was the victim of race and sex discrimination while working for GE Electric in Schenectady.

Don’t punish advocacy for co-worker’s FMLA rights

01/09/2013
Remind supervisors: It’s illegal to retaliate against an employee who advocates on behalf of a co-worker’s right to FMLA leave and reinstatement.

Be prepared to prove employees’ at-will status

01/09/2013
Does your handbook clearly spell out that employees are truly at-will employees? If not, be sure to add language doing so the next time you update your handbook.

Court: Georgia flag’s Confederate design does not create a hostile work environment

01/09/2013
The 2nd Circuit Court of Appeals has refused to reinstate a hostile work environment case involving the display of the Georgia state flag in the South­ampton Union Free School District.

Government whistle-blowing is protected speech–unless delivered in insubordinate manner

01/09/2013
Public employees who speak out on matters of public importance are engaging in protected speech. However, that protection has limits. When the “speech” is rude, offensive or threatening—and it occurs at work—the employer is free to punish the employee for the speech’s delivery (not its content).