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Employment Law

Unemployed: A new protected job-discrimination category?

12/06/2010
With unemployment still running near 10%, employee advocacy groups are speaking out against want-ads that say “applicant must be currently employed” or “do not apply if unemployed.” A petition drive is pushing Congress to make it illegal to discriminate against unemployed people.

Remind bosses about legal risk of ‘make workers so miserable they quit’ strategy

12/03/2010

Some supervisors wrongly assume that employees can’t sue if they quit—only if they’re fired. That makes some bosses think the best way to get rid of overly litigious employees is to make life so horrible that they quit. That’s not smart. Employees who find working conditions so intolerable that they have no choice but to quit can still sue for constructive discharge.

How Leandra’s Law could affect your company-vehicle policy

12/02/2010
Leandra’s Law (the Child Passenger Protection Act) requires anyone convicted of driving while intoxicated in New York to install and maintain an ignition interlock device on any vehicle he or she owns or operates. That’s a condition of the person’s probation or conditional discharge. Leandra’s Law has several important provisions that apply to employers of people who have been convicted of DWI.

Harlem nonprofit sued for firing OSHA whistle-blower

12/02/2010
OSHA is suing the East Harlem Council for Community Improvement for allegedly retaliating against an employee who complained about unsafe working conditions.

When employer calls for a recommendation, keep it basic

12/02/2010
When it comes to recommending former employees, the simpler the better. Stick with the basics like dates of employment and job titles and you’ll rarely have trouble in court.

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: