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Employment Law

Lake Champlain pizza parlor faces sex harassment charges

10/07/2011
The EEOC is suing Angelo’s Pizza and Grill in Rouse’s Point on the shores of Lake Champlain, alleging that three managers subjected female employees to unwanted sexual advances and lewd comments.

Appeals court to lower courts: Consider NYC claims separately

10/07/2011
Do you have employees in New York City? If so, different and more stringent rules apply to your HR practices. It isn’t enough to get federal discrimination claims dismissed. Trial courts have to consider city claims separately.

Sorting through résumés? Make criteria clear

10/07/2011
These days, you’re probably receiving tons of résumés for open positions. You obviously can’t interview all candidates. But don’t get careless about whom you pick to advance to the next screening level.

Document rationale for termination even if you decide not to tell employee

10/07/2011

It’s true that at-will employees can be fired for any reason or no reason at all, as long as that reason isn’t discriminatory. Many employers therefore conclude that they don’t have to tell an employee why he’s being let go. But some even conclude they don’t have to document the reason, either. That can be a big mistake.

Simple culture of civility and respect can wind up saving sky-high legal fees

10/07/2011
Want to avoid needless and ex­­pensive lawsuits? One good place to start is by encouraging respect and civility. That’s because sometimes hurt feelings are enough to spur a lawsuit.

When service member returns from active duty, reinstate to job that’s truly comparable to old one

10/06/2011

Under USERRA, employees called up to serve our country are entitled to prompt reinstatement. Your obligation is triggered when the returning service member tells you he is ready to return. It’s not enough to place the re­­turn­­ing worker in an entry-level position: Returning service members are entitled to reinstatement to the same position or one similar to the job they previously held.

Oyster Bay cracks, agrees to settle pension lawsuit

10/06/2011
The Oyster Bay Fire Department on Long Island has agreed to settle an EEOC class-action age discrimi­nation suit that alleges that older firefighters illegally lost out on pension benefits.

Document your consistently fair practices

10/06/2011

Much as you would like to, you can’t control every statement that comes out of supervisors’ mouths. Someday, someone somewhere within your organization will utter an ethnic comment or slur. That doesn’t have to become the basis for a successful lawsuit—as long as you have a track record of treating all employees fairly.

DOL to tighten child labor rules for farm workers

10/05/2011
Last month the DOL proposed changes to child labor regulations for agricultural workers. The proposal would bar employees under age 18 from working in certain jobs, including grain elevators, silos, feed lots and stockyards.

Is this worker entitled to FMLA leave? She was out for months on workers’ comp

10/04/2011
Q. One of our employees missed several months of work last year because of a workers’ compensation qualifying injury. She has now requested leave under the FMLA. Do we have to grant this request for leave?