• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

New York

The easiest accommodation: Additional time off

04/09/2018
Consider offering additional medical leave as an accommodation—even if the worker isn’t eligible for any more.

Not all accommodations are possible to implement

04/09/2018
Employers, not disabled employees, get to pick the accommodation.

Unfair labor practices can result in union win even if employees voted union down

04/09/2018
Facing a push for unionization? Be careful! If you aggressively resist efforts to unionize and end up committing an unfair labor practice in the process, you may end up with a union workplace, even if employees vote down the union.

OK to enforce no-moonlighting policy against employees who take FMLA leave

04/09/2018
Nothing in the FMLA specifically prohibits employees who take FMLA leave from moonlighting for another employer. But as long as employers clearly communicate it, it’s perfectly fine to enforce a no-moonlighting policy against any employee, including those who take FMLA leave.

Watch out for Section 1981, the ancient law that can put your own assets at risk

04/09/2018
A federal court has made it clear: If a workplace is found to be a racially hostile environment, individual decision-makers are at risk of being held personally liable. Section 1981 of the Civil Rights Act of 1866 sometimes allows for bigger verdicts and personal liability for supervisors, managers, owners and even HR professionals.

Harassment victim can’t choose punishment

04/09/2018
Employers have an obligation to investigate and come up with an effective way to stop harassment and prevent it from happening again. However, that doesn’t mean the alleged victim gets to choose the remedy.

Can’t explain firing? Better call your lawyer

04/09/2018
Employers that can’t provide a good, business-related explanation for every termination are courting legal trouble. Unless an employer can justify its action, an employee who sues for discrimination will find it relatively easy to get the case in front of a jury.

Schneiderman: Personal liability in Weinstein case

04/09/2018
In court documents related to the state of New York’s sexual harassment lawsuit against the Weinstein Company, Attorney General Eric Schneiderman leveled blistering criticism at the film production firm’s embattled founder Harvey Weinstein. But he wasn’t Schneiderman’s only target.

What employers can look for under EEOC’s strategic plan

03/14/2018

The EEOC enforces the nation’s employment discrimination laws. Its strategic plan, issued every five years, presents its overarching plan for carrying out its mission relative to issues emerging in the workplace and the resources available to the commission. The strategic plan gives employers an insight into the EEOC’s enforcement strategy.

Comment about pregnancy? Nope, just shut up!

03/14/2018

Remind supervisors to never mention pregnancy in conjunction with hiring or assignments.