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New York

Payback time: Employer wanted its money back—and got it!

09/02/2009

Forgive us if we pat ourselves on the back. In two recent decisions, our firm, Bond, Schoeneck & King, was successful in recovering relief against employees. The cases offer good news for employers frustrated with losing money when they haven’t done anything wrong.

Military family leave: DOL regs spell out employee rights

09/02/2009

In January 2009, the DOL issued new FMLA regulations that incorporated the National Defense Authorization Act of 2008, which granted new leave rights to family members of employees in the military. The regulations, for the first time, defined what a “qualifying exigency” is under the law that entitles military families to take leave. Qualified exigencies are divided into seven categories:

Preventing identity theft: 6 steps to protect employees’ data

08/11/2009

Employers have a duty to protect their employees from identity theft. The federal Fair and Accurate Credit Transaction Act (FACTA) says employers that negligently or purposely let employees’ personally identifiable data fall into the wrong hands can face fines of up to $2,500 per infraction. Here are six tips on developing a data security strategy:

N.Y. Human Rights Act amendment raises discrimination stakes

08/11/2009

Somehow, despite this summer’s fight over whether Democrats or Republicans controlled the New York State Legislature, members of the Assembly and Senate and Gov. David Paterson found time to amend the New York State Human Rights Law. Effective July 6, 2009, the law expanded the application of civil fines and penalties in cases of employment discrimination occurring on or after that date. The change means the stakes for making an employment law mistake have dramatically risen.

Is it time to overhaul your vacation policies?

08/07/2009

Take a look around your workplace. How many of your co-workers spent all summer right there at their stations? Maybe they took a long weekend or two, but otherwise they showed up day in and day out. It might be time to make those drudges get out and go on vacation.

Try out accommodation, rescind it if necessary

08/06/2009

Disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. If those accommodations turn out to be unreasonable—that is, they prove to be an undue burden on the employer—then they can be withdrawn. What it means: There’s no harm in trying an accommodation.

Court: We won’t micromanage hiring decisions

08/06/2009

The 2nd Circuit Court of Appeals has ruled that an employee who was passed over for a promotion can’t later use the poor performance of the person who got the job to prove the decision was discriminatory. The case shows that courts are willing to let employers make mistakes; they won’t micromanage hiring and promotion decisions.

NYC car washers clean up with $4.7 million in OT settlements

08/06/2009

The parent corporation of several New York City area car washes has agreed to settle overtime claims from 1,187 current and former employees for $3.4 million. Coupled with a previous settlement with 200 workers for more than $1.3 million, Lage Management has paid out more than $4.7 million in back pay and liquidated damages.

When talk turns to sex, watch out for harassment claims from unexpected victims

08/06/2009

If bosses question employees about sexual relationships, you could wind up facing a sexual harassment complaint. And it may not be a simple case of quid pro quo harassment, but rather a hard-to-defend hostile environment claim.

Don’t think a successful workers’ comp case lets you off the ADA accommodation hook

08/06/2009

Employees who are disabled after an injury on the job often apply for workers’ compensation. Receiving those benefits, however, isn’t a bar to asserting ADA and state disability claims, as a federal court hearing a New York case recently concluded.