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Employment Law

Employee training: When must it be paid?

04/09/2012
If you offer extra off-duty training to your hourly employees, pay extra attention to the rules that explain when those hours must be “paid time.” In most cases it will, but the Fair Labor Standards Act does give you a four-step ladder to climb to a pay exemption.

Selling the company: When must we tell employees?

04/09/2012
Q. We are selling our small business (15 employees). The company buying us won’t be hiring our staff. How many days’ notice is required to notify our employees? Will our employees qualify for unemployment benefits?

EEOC tries to clarify rules on H.S. diploma requirement

04/06/2012
After the EEOC’s informal discussion letter about ­employers’ use of high school diplomas as a hiring prerequisite “caused significant commentary and conjecture,” the EEOC decided last month to issue additional guidance to help clarify the issue.

Employee sounds threatening during hearing? OK to suspend while you investigate

04/05/2012
Generally, employers shouldn’t react to anything an employee says during an EEOC hearing. That’s because you don’t want to face a retaliation complaint for participating in the hearing. However, there are practical limits to what employers have to tolerate.

Employee calling in ‘sick’ doesn’t automatically trigger your FMLA obligations

04/05/2012

Some employees believe all they have to do to invoke FMLA leave protection is to call in, say they’re “sick” and wait for their employer to request medical certification. Wrong! Merely calling in sick doesn’t trigger any employer obligations under the FMLA.

Employ veterans? Understand interplay with the ADA

04/04/2012
Do veterans returning from war with post-traumatic stress disorder (PTSD) qualify as “disabled” under the ADA and, thus, are due accommodations? Questions like that are answered in a new EEOC guidance document.

EEOC offers best practices to prevent caregiver discrimination

04/03/2012
Record numbers of working adults now care for elderly parents. In 2007, the EEOC issued its Employer Best Prac­­tices for Workers with Caregiving Re­­sponsibilities. Best practices fall into three groups: (1) general, (2) recruiting hiring and promotion and (3) employment terms, conditions and privileges.

Court: No arbitration for government retirement plan disputes

04/03/2012

A state appeals court has reversed a lower court ruling and held that the city of Yonkers’ refusal to reimburse new employees for their statutorily required Tier V retirement plan contributions was not subject to arbitration. Our firm—Bond, Schoeneck & King—represented the city of Yonkers in the litigation.

FDNY’s discrimination tab could reach $65M

04/03/2012
A federal judge has called for lawyers to serve as “special masters” to decide how to allocate money for minority job applicants who were unfairly denied jobs with the Fire Department of the City of New York. The DOJ filed suit on behalf of minorities who complained they were not hired because of their race.

Disability harassment costs Buffalo store $70,000

04/03/2012

A Family Video store in Buffalo has agreed to settle a disability discrimination suit filed by a former employee who suffers from depression and social anxiety disorder. He claims store management har­assed him because of his condition and then fired him when he complained.