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Employment Law

Court: Employee can be late filing bias claim with state and still retain 300-day EEOC window

12/02/2010
In many states, including New York, employees have 180 days following an allegedly discriminatory act to file charges with either a state or local discrimination agency. They have 300 days from the allegedly discriminatory act to file with the federal EEOC. But what if the employee files her state claim too late?

When disgruntled employees act as their own lawyers, patience may be your winning strategy

12/02/2010
More and more employees and applicants are filing their own lawsuits and acting as their own attorneys. Traditionally, courts allow these pro se litigants a great deal of latitude simply because they don’t have legal experience. If the following case is any indication, courts are getting tired of the additional drag on their dockets and have begun dismissing lawsuits when it becomes clear a pro se litigant has no case.

Review duties, update job descriptions yearly to ensure employees are properly classified

12/02/2010

As job duties change, evolve or grow, make sure you regularly review employee responsibilities, update job descriptions to reflect the reality on the ground and determine if the job is properly classified as exempt or nonexempt. Don’t rely on an analysis that’s even a couple of years old—or even an analysis provided by the DOL itself.

2 N.Y. nonprofits win grants to fight immigration bias

12/02/2010
Utica-based Legal Aid Society of Mid-New York and the New York City Human Rights Commission are two of 13 recipients of U.S. Department of Justice grant funds meant to aid victims of immigration discrimination.

Ensure management training covers harassment

12/02/2010

Employees who claim they have been forced to work in a hostile work environment often lose their lawsuits because courts are reluctant to guarantee a civil workplace. But employers can’t accept horseplay, yelling, screaming and other unpleasant behavior at work. Here’s why:

The HR I.Q. Test: December ’10

12/02/2010
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Can we deduct pay from an exempt worker who takes FMLA leave? If so, how should we calculate it?

12/01/2010
Q. An exempt employee recently requested intermittent leave under the FMLA … FMLA leave at our company is unpaid. Can we deduct from the employee’s salary for absences of less than a day and still classify her as exempt? If so, how do we calculate how much FMLA time the employee is using?

Watch out for pitfalls, risks of using social media in hiring

12/01/2010
Employers are increasingly using web-based social media—such as Facebook, LinkedIn and Twitter—to screen potential employees, in addition to the usual applications, interviews, references, and background, credit and drug tests. But they don’t always recognize the potential pitfalls and risks.

Comments cost boss his job, may cost company more

12/01/2010
A former employee of H&W Industrial Services in Longview is suing the painting and cleaning contractor for sexual discrimination and harassment after a supervisor allegedly made comments about her sexual orientation.

Justice Department tells Hoover to clean up its I-9 process

12/01/2010
The U.S. Department of Justice recently announced that it has reached a settlement with the Hoover Company—which manufactures vacuum cleaners in El Paso—resolving allegations that its employment eligibility verification process discriminates against legal, permanent residents of the United States.