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Employment Law

Former ‘Charlie Rose’ intern seeks class-action lawsuit

04/03/2012
Public television shows often operate on a shoestring. According to Lucy Bickerton, the PBS “Charlie Rose” interview show was so cheap, it used interns like her to fill in for actual employees.

Guilty plea may end officer’s discrimination case

04/03/2012
A police officer who betrays the public’s trust by committing a crime may automatically lose his job. And if he pleads guilty to a covered offense, a court has ruled, any complaint he had that the employer treated him unfairly by suspending him will be dismissed.

Extremely small businesses may be exempt from FLSA

04/03/2012
Almost every employer is covered by the Fair Labor Standards Act’s wage-and-hour provisions unless it’s specifically exempted. But some truly local and isolated entities may not be, depending on the specifics.

Cover USERRA, New York law by drafting unequivocal severance releases

04/03/2012
Don’t worry that releases you ask employees to sign in exchange for severance pay aren’t broad enough to cover claims under USERRA or the New York Military Law. As long as the release is clear and unequivocal about what’s being waived, it doesn’t have to specifically reference the laws.

When employee is at-will, you’re free to change compensation going forward

04/03/2012
Here’s an important note in this rocky economy: Employers are free to change many of the terms and conditions of employment for at-will employees, including changing their compensation.

Disabled employee sues under NYHRL? HR managers may be held personally liable

04/03/2012
Here’s a new worry for New York HR managers: Mess up too badly and you could be held personally liable for damages under the state’s New York Human Rights Law. Something as simple as refusing to approve what turns out to have been a reasonable accommodation may leave you on the hook for thousands of dollars or more in damages.

Batali’s employees rake in millions in belated tip income

04/03/2012
Manhattan celebrity chef Mario Batali has agreed to a $5.25 million settlement with waiters, bartenders, busboys and other floor staff at several of his restaurants.

Outrageous claims? Let legal process play out

04/03/2012

Employees and their lawyers can make some outrageous allegations in lawsuits. It may be part of an effort to get publicity, or maybe it just re­­flects the employee’s subjective per­­ception of what happened instead of objective reality. Either way, don’t panic. Chances are, the case will be tossed out when the judge sees there’s no substance to the allegations.

Manager recommends discipline or firing? Investigate before agreeing to go along

04/02/2012

Here’s something to consider the next time you authorize discipline or discharge: It pays to independently investigate management’s underlying reasons for the action. Do that even if the employee in question doesn’t belong to a traditional protected class.

Beware sudden criticism after FMLA request

04/02/2012
Here’s something to watch out for when approving a supervisor’s recommendation to discipline or discharge an employee. If the employee has requested FMLA leave and was previously performing well, be suspicious of claims she’s now performing poorly.