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New York

In Lower Manhattan, how about a slice of class action?

09/10/2012
A federal judge has certified a class-action lawsuit against Manhattan’s hip Adrianne’s Pizza Bar. Current and former workers allege they were not paid minimum wage, overtime and “spread-of-hours” premiums required for restaurant employees who work long split shifts.

HR suspects discrimination? Lawsuit just got stronger

09/10/2012
An employee must levy very specific allegations for a bias complaint to become protected activity—unless HR already suspects discrimination.

Management won’t back boss’s discipline? That’s not automatically discrimination

09/10/2012
A supervisor can’t successfully sue for discrimination merely because management fails to back up his decision to discipline a subordinate. The supervisor must prove that management didn’t support his decision because of his membership in a protected class.

ADA requires accommodation of customers with service dogs

09/10/2012
Under the ADA, customers or employees may bring service animals with them to work or to a public place like a restaurant or a store. Smart employers make sure employees know their obligations and treat the animal and its owner appropriately.

Follow up with harassed employee to check for retaliation–and prevent future lawsuits

09/10/2012
When an employee complains about sexual harassment, protect yourself against a later retaliation lawsuit by following up with her. Your goal: To get her on record as experiencing no backlash, thus making it harder to sue for retaliation.

Retain all résumés to show your hiring process wasn’t tainted

09/10/2012

Want to prove that you hired the best applicant and selected the right individuals to interview? Keep all the résumés you received for the position. They may come in handy later if you are sued.

Ex-manager claims BoA based assignments on race

09/10/2012
A former manager of a Bank of America branch in New York is suing, claiming the bank has a discriminatory policy of placing black managers only in predominantly poor, black neighborhoods.

Worker must articulate ADA needs, alterations

09/10/2012
After you have implemented a reasonable accommodation for a disabled employee’s medical restrictions, it’s up to the employee to ask for any modifications that may be necessary.

HR investigations: Good faith–not perfection–required

09/01/2012
Courts don’t expect perfection from an HR investigation. They just want to see that someone in authority took reasonable steps to learn the truth.

Complaint + sudden criticism = retaliation

09/01/2012

Juries like simple cases. If an em­­ployee complains about discrimination and management does nothing, that’s one thing. But if suddenly the employee is criticized, placed on a performance improvement plan and then fired, jurors may see retaliation.