• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

New York broadens payroll deductions, adds employer requirements

11/11/2012
Back in June, the New York Sen­ate and State Assembly passed an amendment to New York’s wage deduction statute, New York Labor Law Section 193. The amendment—effective Nov. 6, 2012—permits New York ­employers to make a wider range of payroll deductions than in the past, but also imposes several new deduction-related requirements.

NYC guidance counselor fired over old lingerie photos

11/11/2012
A school guidance counselor is suing the New York City Department of Education after she was fired after some long-ago photos of her modeling lingerie surfaced on the Internet. Her lawsuit claims discrimination and wrongful termination.

‘Bias’ never mentioned? That won’t stop retaliation suit

11/11/2012
There are no magic words an em­­ployee has to utter in order to engage in protected activity. As long as what he says would lead a reasonable person to conclude he’s complaining about some form of discrimination, he has protection from retaliation.

Lawsuit limitation clause may stop New York bias claims, but won’t bar federal cases

11/11/2012
If New York employers want to shorten the time frame in which former employees can file lawsuits, they can do so by including a clause to that effect in their employment applications. However, that may apply only to New York state claims, not federal ones.

High Court rules exotic dance does not constitute high art

11/11/2012
The New York Supreme Court has ruled that exotic dancing is not an art form and that, therefore, strip clubs are subject to the state sales tax.

Set clear policy on promotions–and enforce it

11/11/2012
Good news for employers that use a formal process to invite employees to apply for promotions. Employees who don’t follow that process—instead merely telling their boss that they want to be considered—can’t successfully sue if they’re not promoted.

Cite business reasons to justify terminations

11/11/2012
Here’s how to win termination lawsuits: Back up your decisions with solid business reasons for the discharge—especially if you had to let people go to reduce labor costs or otherwise survive financial hardship.

Supreme Court will address key employment law cases this term

11/09/2012

The Civil Rights Act of 1964 dominates this year’s employment-related Supreme Court docket, with the Justices hearing two cases involving Title VII of that landmark law. Also to be decided between now and next June: cases involving the FLSA and ERISA.

El Nacho Grande chain faces wage-and-hour lawsuit

11/09/2012
The El Nacho Grande chain, with restaurants in Cincinnati and Dayton, faces a U.S. Department of Labor lawsuit after investigators found evidence that the company’s pay policies violate the Fair Labor Standards Act.

Ohio bill would overhaul bias, harassment complaint process

11/09/2012
A bill before the Ohio Senate could thoroughly revamp how employees file complaints about workplace discrimination and harassment—and greatly benefit employers that have robust anti-discrimination and harassment policies and practices.