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Employment Law

Does long-distance ‘phone care’ qualify for FMLA leave?

09/09/2011
When you grant an employee FMLA leave to care for a sick relative, do you wonder what type of “care” they must really be giving to qualify for time off under the FMLA? A new court ruling defines care as being in physical proximity to the relative. Cutting a lawn in a different time zone doesn’t cut it …

Upstate sporting goods store fined for endangering workers

09/07/2011
It could have given new meaning to the phrase “squeeze play.” Dick’s Sporting Goods has been fined after safety inspectors discovered that managers at a store in Queensbury failed to turn off a trash compactor before forcing employees to climb inside to clear jammed cardboard boxes.

Was accent on no accents at tony Princeton Club?

09/07/2011
New York City’s Princeton Club faces a lawsuit alleging it terminated a long-time employee because of her accent. The employee claims the club fired her after nearly 30 years of service because a new general manager found Hispanic accents “embarrassing.”

Speech isn’t protected if it’s just part of the job

09/07/2011
Some public employees think they are protected from retaliation anytime they speak out. It’s not true.

Diverse workplaces may spur additional lawsuits

09/07/2011
Employers are discovering that having a diverse workplace may mean more lawsuits. Why? Employees belonging to groups that traditionally haven’t experienced discrimination may find more reasons to sue.

Bloomberg beats EEOC in pregnancy-discrimination class action

09/07/2011
The media empire Bloomberg L.P. has won a huge victory in a case championed by the EEOC. The agency had claimed that Bloomberg discriminated companywide against women who became pregnant and returned to work.

Use flextime schedule to curtail requests for unreasonable ADA accommodations

09/07/2011
One possible accommodation for disabled employees is a modified schedule that lets them take medications at prescribed times. To facilitate that, you may want to create a companywide flexible-schedule program. Doing so may mean a disabled employee won’t be entitled to any additional schedule changes.

You’re risking FMLA lawsuit if call-in rules don’t allow flexibility in emergencies

09/07/2011
Employers are generally free to set their own rules for when and to whom employees must call to report that they will unexpectedly have to miss work. But thanks to a recent 2nd Circuit Court of Appeals decision, that’s now far less certain.

At Jones Beach, fashion foul or was it age discrimination?

09/07/2011
When Long Island’s Jones Beach re­­quired its lifeguards to wear Speedo swimsuits for an annual swimming test in 2007, it chafed 61-year-old Roy Lester in more ways than one. He re­­fused to don the skimpy trunks for his test. The beach patrol fired Lester for in­­subordination.

When hiring, prepare for frivolous lawsuits

09/07/2011

It’s sure to happen: Eventually, a disgruntled applicant or employee seeking promotion will sue you for discrimination in the hiring or promotion process. And that lawsuit may lack any kind of merit. These days, desperate applicants may feel they have nothing to lose by suing. That’s why you should plan ahead.