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New York

Pay on time or pay the price

03/20/2024
In New York, manual workers must be paid weekly. Who can sue if employers fail to pay on time? A New York appellate court has ruled that only the labor department can sue noncompliant employers, not employees.

Require HR to review all religious accommodation requests

03/11/2024
Last June’s Groff v. DeJoy Supreme Court decision essentially requires employers to grant almost all employee requests for religious accommodations unless doing so would create an undue burden. Do not allow supervisors to make those decisions on their own. Once HR makes an accommodation plan, do not allow supervisors to deviate from it.

Double-dip: Beware this new employee lawsuit tactic

03/04/2024
The EEOC complaint process gives employers a chance to investigate allegations and resolve the problem if possible. It also allows the opportunity to see what evidence the employee has and seek a settlement if the facts warrant it. But some aggressive plaintiffs’ attorneys have adopted a new litigation tactic—simultaneously filing both an EEOC complaint and a separate federal lawsuit alleging other related claims.

Can you rein in political speech at work?

02/16/2024
Most employers would prefer employees focus on work and not the state of the world when they are on the clock. So how can you quell political arguments in the workplace? You must balance employees’ interest in speaking freely with your interest in maintaining order and productivity:

Lawsuit-proof your firing decisions: Have those who hire or promote also do the firing

01/26/2024
Here’s one easy way to cut down on lawsuits when you have to fire an employee: Have the same person who hired or last promoted the employee also make the final decision on termination.

When high-level harassment erupts, act fast to prevent even worse legal trouble

12/08/2023
Here’s a cautionary tale that offers an inevitable lesson: When a supervisor’s harassment spills out into the greater workplace, the claims will grow exponentially.

Take the easy way out on most requests for disability accommodations

10/02/2023
There’s a right way and a wrong way to respond to a disabled employee’s request for a reasonable accommodation. When an accommodation would cost little or nothing to provide, the right way is usually obvious to most employers. Then there’s the wrong way, as this case shows.

NYC ban on height, weight bias may catch on

09/11/2023
The law goes into effect Nov. 22. It makes it illegal for New York City employers to discriminate based on an applicant’s or employee’s height or weight. Employers must also protect employees from height and weight harassment.

Strike 2! Umpire who alleged race bias loses lawsuit appeal

08/21/2023
Angel Hernández, widely regarded as one of Major League Baseball’s worst umpires, failed to convince a federal appeals court that he missed out on plum assignments because of race discrimination.

Sink retaliation claims by engaging an outsider to investigate bias complaints

07/20/2023
Using an outside entity to investigate internal discrimination or harassment complaints helps prevent retaliation lawsuits. That’s because there’s no reason for an outside investigator to take sides in the outcome.