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New York

During lawsuit, don’t inquire about worker’s immigration status

12/01/2006

If you’re facing an employment lawsuit, don’t bother probing into the employee’s immigration status during the lawsuit’s discovery phase. The EEOC has long held that immigration status is irrelevant to any underlying discrimination claims, and a recent federal court ruling supports this stance …

How to respond to predicted labor shortage in New York

12/01/2006

The state’s economy keeps humming along. Private-company payrolls increased 1.1 percent statewide in the past year, while New York City payrolls jumped 2.0 percent during the same period …

Brokerage house overtime case serves as cautionary tale

12/01/2006

One disgruntled worker’s lawsuit has turned into a class-action headache for brokerage firm Barclay’s Capital …

Pataki leaves his stamp on state employment law

12/01/2006

Lame duck Gov. George Pataki intends to influence state government long after his term expires on Dec. 31. Since Jan. 1 of this year, he has appointed more than 300 people to positions on various state boards, commissions and authorities …

Workers’ Comp Reform? It’s ‘Wait Till Next Year’ Again

12/01/2006

HR professionals in New York have worked hard in recent years to try to improve the state’s expensive workers’ compensation system. But you’ll have to wait at least another year for reform …

Pay Attention to New Proof-of-Age Requirement for N.Y. Employers

12/01/2006

A little-noticed amendment to New York’s Labor Law imposes a new recordkeeping requirement on New York employers. We’re all familiar with the requirement that, for most types of employment, minors under age 18 must provide employers with employment certificates, commonly known as "working papers," to lawfully hold jobs …

RIF justifications need only be ‘Reasonable’ to stand up

11/01/2006

If your organization plans a reduction in force, you can rest assured that you don’t have to prove that your method for selecting employees is the absolute best way to achieve your business goals …

Noncitizens can’t sue for overseas discrimination

10/01/2006

In most cases, an employee who works for an American company can sue that company even when he or she works overseas. But you should be aware of important limitations, including those that cover noncitizen employees …

All day Sunday off may be a reasonable accommodation

06/01/2006

If you require employees to work Fridays, Saturdays or Sundays, be aware that some employees may object on religious grounds. If they do, you’re required by Title VII to make reasonable ccommodations for sincerely held religious beliefs. And, surprisingly, that right may extend to the entire day off, not just long enough to attend religious services …

Don’t Let Healthy Worker Play the ‘Disabled’ Card; Know Your Rights

04/01/2006

You probably know the type: the employee who stirs the pot of discontent whenever possible. And just when you’re about to levy discipline, the person pulls out the "get out of jail free" card and tells you about some imagined disability that needs accommodation …