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New York

New York City enacts new lactation room requirement

12/18/2018
Effective March 19, 2019, employers with at least four employees must have a lactation policy and lactation room available for employees.

Sexual harasser can’t claim accusation is sex bias

12/12/2018
An alleged sexual harasser recently tried to argue that the very fact that he was accused made him a victim of sex discrimination. It didn’t work.

Years later, termination records still win cases

12/12/2018
There’s a good reason to retain the employment records of poor performers. In fact, the argument can be made that you should keep those records indefinitely.

Document rule-breaking to explain discipline

11/27/2018
Employees are protected against retaliation for complaining about discrimination. But that doesn’t mean you can’t discipline them when they break rules.

ADA: Bosses must address poor performance

11/27/2018
Sometimes, managers allow a poor performer to get by for a long time. Letting it slide seems easier than insisting on improvement or imposing discipline. But delaying action can trip you up later if the employee later claims a disability and demands reasonable accommodations.

I-9 audits on the rise: What employers can expect from ICE inspectors

11/14/2018
U.S. Immigration and Customs Enforcement is ramping up its efforts to ensure everyone who works in the United States is authorized to do so. Audits of employers’ I-9 records are ICE’s primary compliance tool.

Employment law update: Harassment training, Labor Class protections

11/14/2018
Final statewide sexual harassment policy and training guidelines have finally been issued in New York, and the rules differ significantly in several important ways. Plus, more civil service employees now have job protection.

$385k judgment against Yonkers health care facility

11/14/2018
A nursing home in Yonkers and its owner will have to pay over $385,000 in back pay and penalties to 81 employees after investigators found numerous violations of the Fair Labor Standards Act.

Many reasons for firing? Document them all

11/14/2018
When terminating a worker, you don’t need to give her an exhaustive list of offenses. However, you should internally document all the reasons for firing her, in case you need to offer them as evidence later.

Posting FMLA notice helps cut off lawsuits

11/14/2018
Employers that post appropriate FMLA notices alerting workers to their FMLA rights—and train managers on the FMLA—generally get the benefit of the two-year deadline.