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New York

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:

Good documentation wins cases–even sensitive ones

11/15/2010
Having complete records of why you disciplined an employee often gives a court the information it needs to decide whether you’ve discriminated—or even retaliated against someone who has leveled serious charges against you.

Set up systems to prevent employee sabotage

11/12/2010

Employees often have legitimate reasons for accusing their employers of retaliation. But sometimes, employees themselves retaliate against a company, either out of malice, or to head off being fired. That’s one reason it pays to try to anticipate employee misfeasance and guard against sabotage.

How to Collect Employee Medical Info Under New FMLA Rules

11/10/2010
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Disabled or injured workers ready to return? Here’s how to help

11/05/2010
Employees may be absent from work for extended periods of time because of illness or injury. The U.S. Department of Labor’s Office of Disability Employment Policy recently released an online “Return to Work Toolkit” that serves as a one-stop portal to numerous free, online resources for employers and employees coping with return-to-work issues.

Terminating employee? Don’t forget appropriate notifications

11/05/2010

Terminating employees is never easy. Not only do you have to think about the employee’s reaction and those of co-workers who may be worried about their own jobs, you also have to worry whether the employee will sue and how to minimize the risk. One area you have control over is making sure that every terminated employee receives legally mandated termination notices. Here’s a quick guide.