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Employment Law

Warn supervisors: You may be individually liable under the FMLA

05/03/2012
The 3rd Circuit Court of Appeals recently held that supervisors may be subject to individual liability under the FMLA. Employers in New York should be aware that plaintiffs who allege a violation of their FMLA rights may name individual supervisors as defendants in their lawsuits.

While she took off clothes, boss took OT and tips

05/03/2012
New York City exotic dancer Crystal DiCesare is suing Dial-A-Dancer—a company that sends strippers and porn stars to entertain at private functions—for violating the Fair Labor Standards Act.

NYC law firm settles partner’s age discrimination case

05/03/2012
Kelley Drye & Warren, a New York City law firm with more than 300 attorneys, had a policy of requiring partners who reached age 70 to relinquish equity in the firm, receiving only discretionary bonuses. Too bad for the firm that Eugene D’Ablemont knew the law …

Can USERRA form the basis of a harassment suit?

05/03/2012
A New York federal trial court has sidestepped the question of whether harassment based on military service is illegal under USERRA.

USERRA: Another worry when using independent contractors

05/03/2012

Under the Uniformed Services Em­­ployment and Reemployment Rights Act, employees called to active military service are entitled to return to their jobs. That’s not true of independent contractors. But they must really be independent contractors.

Once intermittent FMLA leave expires, reset eligibility clock and demand recertification

05/03/2012
Employees who want to take additional intermittent leave under the FMLA must comply when their employer asks for recertification.

When employees are bilingual, it’s OK to require use of English in the workplace

05/03/2012

Employers can require employees to speak English at work, as long as they enforce the rule across the board. What they can’t do: Allow some employees to use one foreign language but punish others for using a third language.

Ensure training doesn’t foster discrimination

05/03/2012
If you have an internal training program designed to help em­­ployees advance their careers, make sure that it doesn’t unintentionally spur sex or other discrimination lawsuits.

When sexual harassment accusations fly, investigate and discipline right away

05/02/2012
Here’s a lesson learned from an employer that responded correctly when an employee complained about sexual harassment. Not only did it conduct a thorough investigation that helped it win a lawsuit, but it also prevented another potential sexual harassment claim when it discovered even more egregious behavior—from the original complainant himself.

Never silence a harassment case by urging complainer to resign

05/02/2012

Sexual harassment victims deserve to have their claims investigated, not ignored. Under no circumstances should you encourage a complaining employee to quit instead of having to endure continued harassment. That’s a sure indication to many juries that the worker was punished for reporting sexual harassment.