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New York

Court: Uncivil is not the same as unlawful

01/09/2018

Judges would just as soon leave workplace management to the professionals paid to manage workplaces. Rest assured, they don’t want to wade into matters of petty incivility unless a case is particularly egregious.

Employee has just a vague hunch about bias? Prevail in court with documented facts

01/09/2018

Document all employment decisions with objective factual information. It’s the best way to win lawsuits filed by employees who believe they have suffered discrimination but can’t provide any specifics to back up their allegations. In court, facts almost always triumph over feelings.

Supervisors must step up when they learn subordinates might have been harassed

01/09/2018

Employers aren’t expected to create perfectly harmonious workplaces. However, they do have an obligation to use their best efforts to intervene when co-workers harass someone on the basis of protected characteristics.

Remind bosses: Take care when addressing disability’s effect on employee performance

01/09/2018

Supervisors must be careful about how they handle discussions about employee disabilities. Comments the boss considers innocuous might feel very different to a disabled worker, and that can lead to needless litigation.

Discrimination suit can’t rely solely on race

01/09/2018

In order to get past the first stage of a discrimination lawsuit, a worker has to present at least a prima facie case showing that something discriminatory may have occurred.

No formal application? No failure-to-hire suit

01/09/2018

Employees sometimes think telling their boss they’re eager to advance is the same as applying for a promotion. It’s not. They will have a hard time winning a failure-to-hire lawsuit if the employer has a formal application process.

Employment law by the numbers: Know which laws count

12/20/2017

Businesses must stay abreast of an alphabet soup of federal laws—ADA, ADEA, FMLA and so forth—each with its own requirements. Further complicating matters, most states have their own laws that override the federal requirements. To comply, you first must know which laws apply to your business.

How long must a light-duty reassignment go on?

12/13/2017
Q. An employee returned after a work-related injury with doctor restrictions. We put her in a light-duty job, but it’s been more than 90 days with no end in sight. She works a full eight-hour day, but not in the job we hired her for. What can we do?

New York proposes rules on paying for unpredictable schedules

12/13/2017

Employers in New York will be subject to new “call-in” pay and scheduling requirements under recently proposed state regulations. The issue is “just-in-time” or “on-demand” scheduling of workers.

Trade Fair Supermarkets owe $500k for safety violations

12/13/2017

OSHA is proposing a $505,929 fine against Trade Fair Supermarkets after investigators discovered workers had been exposed to health and safety hazards at three grocery stores in Queens.