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New York

When workers and supervisors clash, ask: Is it discrimination or personality conflict?

03/14/2018
Sometimes, a supervisor and subordinate just don’t get along. While the subordinate may think the reason has something to do with a protected characteristic, that may not be the case. When you receive such a complaint, you obviously must investigate.

Watch out! Employee can win punitive damages even if he suffered no loss

03/14/2018

An employee can collect punitive damages even if a jury finds that no other damages are due.

Tell trainers: You have an obligation to report harassment or discrimination you witness

03/14/2018

Employers that have actual knowledge that a hostile work environment exists can’t get off the hook by claiming a worker failed to use an established system for reporting harassment.

Ignorance is no excuse for wage violations

03/13/2018

Pleading ignorance is no defense if you are sued for violating the Fair Labor Standards Act. In fact, not bothering to learn the intricacies of wage-and-hour law may cost you even more than out-and-out cheating your employees does.

Another circuit rules anti-gay bias is illegal

03/01/2018

In a groundbreaking decision, the 2nd Circuit Court of Appeals has ruled that the Title VII provision that prohibits sex discrimination also makes it illegal for employers to discriminate against gay employees.

Ultimate lawsuit preventive: Proof of poor performance

02/21/2018

Employers that track poor performance and can clearly justify reasons for discharge rarely lose lawsuits. That’s because, unless there is solid proof of bias, poor performance will always trump spurious arguments about alleged discrimination.

NYC employers: Leave policies must cover ‘personal events’

02/07/2018

The New York City Council has amended the city’s Fair Workweek Law to allow employees to make temporary changes to their work schedules for “personal events.”

Contract can limit where lawsuit is filed

02/07/2018

Employers with employees who work from home or far from the main office sometimes find themselves facing litigation in a state far from the main office. Making clear up front that lawsuits can’t be filed elsewhere may help.

Prior harassment? Let supervisor know

02/07/2018

Sometimes, you may want to use a last chance agreement to give a worker who violated your rules a second chance. Make sure supervisors know about it so they can be on the lookout for potential problems.

Make your complaint process retaliation-proof by limiting access

02/07/2018

Access to internal complaints should be on an as-needed basis. Restricting access to those files limits the number of staff members who can be accused of retaliation.