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New York

Before laying off 100 or more, consider whether WARN Act notification is required

06/21/2023

The federal Worker Adjustment and Retraining Notification Act requires employers with 100 or more full-time employees to provide written notice of impending plant closings and mass layoffs at least 60 calendar days in advance. The WARN Act defines a plant closing as the “permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment.”

Honoring pronoun and gendering preferences proves complicated

05/12/2023

Here’s a recent case showing that the EEOC is moving full speed ahead with test case litigation designed to make clear that harassment based on preferred pronouns and gender identity violates Title VII’s prohibition on sex discrimination.

OK to require training that may violate some religious beliefs

04/20/2023

Raymond objected to mandatory training on anti-gay bias, stating his religious beliefs about homosexuality precluded him from participating. He said it would compromise his faith.

OK to discipline worker who filed complaint

01/24/2023

Make sure your organization’s supervisors understand that it’s perfectly legal to impose legitimate discipline on an employee who has filed a harassment or discrimination complaint.

New York’s adult abuse survivors can now sue

12/15/2022

A flood of harassment and sexual abuse claims has emerged after New York temporarily lifted the statute of limitations. The Adult Survivors Act is a one-year window to allow people who were abused or harassed as adults to file claims outside the statute of limitations for those offenses.

New York state will bar retaliation against workers who take legally protected time off

12/15/2022

The law appears to focus on “points-based” attendance, in which employers impose points, or demerits, on employees for absences, often without regard for the reason for the absence—including medical reasons, which can be protected under the FMLA and other laws.

Identical interview questions key to surviving rejected applicant’s suit

11/22/2022

The hiring process is a common lawsuit trigger for candidates not selected for the job they’re interviewing for. Lawsuits alleging race or other forms of discrimination may focus on individual questions, the hiring committee’s demographic composition or some other perceived discriminatory action. The best way to counter this is with a carefully crafted interview process.

Time is now for overtime pay scrutiny

11/22/2022

Some commentators predict that the DOL might only raise the minimum wage. Others think the delay might mean the wage will rise with inflation. But while we wait, lawsuits and pay transparency trends are not off the clock.

Your handbook could get you sued

11/17/2022

Common handbook rules require honesty on a job application and prior approval before taking on a second job, as well as proof that any second job wouldn’t interfere with the first one. That way, you may assume you can fire a worker who lied on their application or whose moonlighting would conflict with the day job. Unfortunately, each of these handbook rules could backfire if used to justify a demotion or termination.

New pay transparency law invites huge pay ranges

11/08/2022

A salary range of $0 to $2 million for a client service position at Citigroup is among the new, rather broad salary ranges appearing among New York City job openings after the implementation of a new salary transparency law in New York.