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Employment Law

$16M suit could require lots of cuts for trendy NYC salon

01/05/2012
A hairdresser who once worked at Manhattan’s trendy Devachan has filed a sexual harassment lawsuit against the hair salon, where cuts go for $300. It’s a big one, too: She’s seeking $16 million!

Immigration status irrelevant to FLSA and state wage claims

01/05/2012
A federal court hearing a Fair Labor Standards Act case has ruled that an em­­ployee’s immigration status is irrelevant and can’t be mentioned to the jury.

Always seek attorney’s help when drafting contracts

01/05/2012
Creating independent-contractor agreements is not a do-it-yourself job. Always get expert legal help.

Employees and former employees have up to 3 years to file suit under FMLA

01/05/2012

Don’t write off a lawsuit just because a former employee misses state discrimination agency and EEOC deadlines to file a complaint. If the employee has an FMLA-related claim, she has up to three years to file a federal lawsuit. And she doesn’t have to file anything with the EEOC or a New York state or local discrimination agency.

Mere ‘association’ with a disabled person doesn’t trigger need to accommodate

01/05/2012

A federal court has shot down an employee’s claim that he should have received an accommodation because of his association with a disabled individual. That’s good news, as it nixes time off to care for a disabled individual if the employee isn’t otherwise eligible for FMLA leave.

Use consistent hiring, firing processes to knock down age discrimination claims

01/05/2012
Smart employers use a variety of methods to prevent age discrimination and other claims. Such mechanisms don’t happen by accident, but require careful attention to detail and a comprehensive hiring and firing program.

Franco slacks, NYU prof sues after getting sacked

01/05/2012

What’s weirder: Actor James Franco earning a D in a drama class, or a NYU professor alleging he got the ax for ­giving Franco the lousy grade? José Angel Santana, who taught Franco in a 2010 directing class, says the university was so eager to please its star student that it retaliated when Santana issued the low grade.

Poor service an issue? Seek customer testimony

01/05/2012

If you have employees who deal directly with customers, how they handle those interactions may be grounds for dismissal. When a customer complaint plays a role in a discharge decision, make sure you can locate that customer later. Customers’ testimonies can be powerful in court because juries tend to view customers as impartial.

Who is responsible for temp’s claim for workers’ comp benefits?

01/05/2012
Q. We hired a temp worker through an agency while one of our employees was out on a 12-week pregnancy leave. Five weeks after she started with us, she was injured at work. Are we responsible for her workers’ comp claim, or is the temp agency responsible?

Is there anything in the law that makes it illegal to change employees’ schedules?

01/05/2012
Q. We run a small printing company and have an employee whom we want to move from the day shift to the swing shift. Although this employee has the most seniority, he has the least experience with the presses we run during the day. When we told the employee of our plans, he said that moving him would be illegal. Is he correct? We are worried that if we move him and he quits, it won’t be the last time we hear from him.