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Employment Law

NYC bakery workers get dough as part of DOL wage settlement

02/02/2011
A Manhattan bakery will fork over $436,000 in back pay, interest and liquidated damages to 27 employees as part of the resolution of a U.S. Department of Labor wage-and-hour lawsuit.

Safety for all: Ensure evacuation plans comply with the ADA

02/02/2011
Although we usually think of the ADA in terms of helping disabled people perform their jobs with or without accommodations, the law also has important workplace safety implications. Under the ADA, you must make sure your emergency evacuation plans take into account the needs of disabled employees. Some issues to consider:

Vague ‘unfairness’ complaints aren’t protected activity

02/02/2011
Before an employee can claim his employer retaliated, he has to show he engaged in a protected activity. But vague claims aren’t enough.

Arbitrators can decide post-termination retaliation

02/02/2011
Good news if you use arbitration agreements: They apply to former employees who claim retaliation based on protected activity. The potential result: You’re less likely to wind up defending a lawsuit in federal court.

You never know what you’ll learn: Before making firing decision, let employee talk

02/02/2011
Sometimes, it’s useful to ask for an employee to comment on allegations that could lead to his discharge. For example, in the following case, the employer was about to fire a worker for omitting prior employment from his job application. Before doing so, the employer directly asked if that had, in fact, happened.

Protect against retaliation suits by conducting independent and ‘blind’ internal investigations

02/02/2011

Employers can’t punish employees for complaining about alleged discrimination or harassment. That’s true even if the complaint doesn’t pan out, as long as the employees complained in good faith. But judges don’t want employees to use the threat of a retaliation lawsuit as a way to circumvent fair discipline, either. There’s a way for employers to get judges on their side.

Irked over stagnant pay, N.Y. judges favor ‘union’

02/02/2011
New York state judges have gone 12 years without a pay raise, making some of them a little hot under the robes. A survey conducted by two state judicial groups indicates that an overwhelming number of judges favor an association that could negotiate wages and benefits—in effect, a union.

Be prepared to justify newcomer’s higher pay

02/02/2011

Employers that pay new hires more than employees with the same or similar experience should be prepared to prove why they needed to sweeten the pot. Otherwise, they risk an Equal Pay Act lawsuit if it just so happens the hire is of the opposite sex as an incumbent.

Supreme Court expands retaliation prohibitions

02/02/2011
Employers everywhere must be extra cautious about discipline that could be construed as retaliation now that the U.S. Supreme Court has unanimously affirmed that the fiancé of a woman who filed an EEOC discrimination complaint was protected from retaliation by their mutual employer.

In discharge meeting, follow 2-and-1 rule: Two company reps, one reason for termination

02/02/2011

Unfortunately, lawsuits often come down to one person’s word against another’s. That’s powerful incentive for a company rule requiring at least two managers to participate in a termination meeting. Also, decide ahead of time the exact rationale for the discharge and then stick with that reason.