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New York

Out-of-state employers can be liable under NYHRL

07/19/2017
Out-of-state entities with the power to dictate a New York employer’s hiring and retention policies take notice: You can be subject to liability under the New York Human Rights Law if you “aid and abet” discrimination against individuals who have a prior criminal conviction, even if you are not the direct employer of those individuals.

Applebee’s franchisee sued in transgender harassment case

07/19/2017
The EEOC has filed suit against Apple Metro, the franchise holder of an Applebee’s restaurant in Hawthorne, New York, claiming it fired a transgender employee after she complained of co-worker harassment.

Fox Radio reporter claims retaliation for bias complaint

07/19/2017
A former Fox News Radio correspondent claims she was fired less than 24 hours after using a company hotline to voice concerns about gender discrimination. Fox has labeled the charges “meritless” and claim her job was axed due to budget cuts.

New York’s paid family leave employee contribution amount set

07/19/2017
When New York’s new Paid Family Leave Law—which goes into effect Jan. 1, 2018—is fully phased in, eligible employees will be entitled to take up to 12 weeks of paid leave for certain qualifying reasons.

EPA suit could require turning over extensive pay records

07/19/2017
Former employees claiming Equal Pay Act violations may force employers to produce not just past payroll information, but also after-the-fact pay data.

Discipline or termination after FMLA leave? Prepare to prove it wasn’t retaliation

07/19/2017
Typically, courts look at whether an employee has used FMLA leave in the past when considering whether his employer interfered with his FMLA rights more recently.

Beware accommodation problems when you might be part of joint employer arrangement

07/19/2017
When it comes to employment law compliance, arrangements involving staffing companies sometimes prompt the question: Just who is the employer, the staffing agency or the client? Often, the answer is that either or both of them may be liable for employment law violations.

Discipline often stops co-worker harassment

07/19/2017
Employers don’t have to create a perfect workplace that’s completely free of harassment. They merely have to respond to reported harassment in a way that’s calculated to stop it fast.

Immediately get rid of offensive graffiti

07/19/2017
Employers can’t prevent every harassment incident. But they can provide a way for employees to complain about it and commit to taking swift action when they learn harassment has occurred. That’s typically sufficient if the harassment originates with co-workers and not supervisors.

Discipline calls for language that cites objective shortcomings, not editorial opinions

07/13/2017
When disciplining employees, try to stick to objective facts. For example, if a worker isn’t abiding by a dress code, state what rule she is violating. Keep the editorial comments to yourself.