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Employment Law

Bias lawsuit? Instead of settling or litigating, move to dismiss

06/03/2011

Does this sound familiar? An employee you fired for cause is either unable or unwilling to accept responsibility for poor performance and files a lawsuit claiming unlawful discrimination. The pending litigation forces the em­ployer into a sticky dilemma …

Feds issue new tip credit pooling rules

06/03/2011
Employers are now free to set the percentage of employee tips that can be placed in a tip pool. In years past, several court decisions conflicted with the U.S. Department of Labor’s position restricting the amount of tips an employer could require to be pooled.

Lawsuit alleges $5 million grope in NYC HR office

06/03/2011
A woman who used to work for New York City’s Human Resources Administration has filed a multimillion-dollar lawsuit against a former supervisor she says drunkenly fondled her. The city agency and the union that represents agency employees are also named as defendants.

Just having a condition doesn’t confer ADA protection

06/03/2011
Some employees think that merely having a serious medical or mental condition is enough to warrant ADA protection. But that’s not true.

Keep all medical records confidential! Otherwise, normal lawsuit rules don’t apply

06/03/2011

Employers are used to breathing a sigh of relief when 300 days pass without learning that a former employee has filed a discrimination complaint with the EEOC or the New York State Division of Human Rights. They assume that missing the deadline means the employee won’t be able to sue. Not so fast!

Former Rochester schools chief, now in Chicago, under fire

06/03/2011
Educators in Rochester are suing Jean-Claude Brizard, who headed the city’s school system for three years before being tapped to run Chicago’s schools.

Fed contractors may face more EEO reporting requirements

06/03/2011
A U.S. Department of Labor proposal would dramatically increase the amount of affirmative action and equal employment opportunity information federal contractors must provide to the DOL’s Office of Federal Contract Compliance Programs.

Reconsidering decision? Act fast to fix it

06/03/2011
Here’s a tip for employers that make snap decisions and then quickly reconsider: Don’t hesitate to fix the problem; that could convince a court to toss out a lawsuit.

Some work at home doesn’t make commute paid

06/03/2011
Some hourly employees have begun to argue that if they begin the day with a few work emails, they should be paid for the time they spend commuting to work. Fortunately, a 2nd Circuit Court of Appeals panel has nixed that argument. Had the case gone the other way, employers could have faced huge bills for paid commuting time.

Broward’s wellness program survives ADA court challenge

06/03/2011
A federal judge has dismissed a lawsuit challenging Broward County’s employee wellness program, which came under legal challenge after the county started charging $20 per paycheck to employees who refused to participate.