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New York

Trying to drive out employee can backfire

03/05/2015
Efforts to make life so miserable for an employee that she quits can come back to haunt you. It could be seen as retaliation—even if the employee never quits.

Even if criminal charges don’t hold up, it’s OK to discipline government worker

02/16/2015

When a government employee is arrested and charged with a crime related to her job, most public employers take some form of action—typically suspending the employee pending trial. If they are found guilty, they usually are terminated. Then the employee is entitled to “some sort of a hearing,” according to Supreme Court precedent. But what if criminal charges wind up being dropped?

It’s impossible to be biased against unknown disability

02/13/2015
Employees with hidden disabilities must notify their employers if they want ADA protection.

When to use leave as an accommodation for disabled workers

02/09/2015
The U.S. Department of Labor-sponsored Job Accommodation Network has published new guidance on using leave as an accommodation under the ADA.

Volunteer emergency responders in New York now entitled to leave

02/09/2015
As of Dec. 22, 2014, employers in New York must grant leave to employees who also serve as volunteer emergency responders during times when the governor has declared a state of emergency or if a federal emergency has been declared.

Attorney general wants to see Saks anti-bias policy

02/09/2015
A discrimination lawsuit against retailer Saks Fifth Avenue in Texas has spurred an inquiry from New York Attorney General Eric Schneiderman.

Ex-NYC parks employee sues, details raunchy parties

02/09/2015
A former New York City Department of Parks & Recreation employee has filed a discrimination and retaliation suit against the city after she was fired after complaining about pervasive sexual harassment. Although city investigators largely corroborated her complaints against two supervisors, the woman lost her job.

You’re off the hook: No more WTPA annual statements in New York

02/09/2015
In December, Gov. Andrew Cuomo signed legislation eliminating employers’ obligation to file an annual statement under the Wage Theft Protection Act. The annual statement provided a snapshot of pay rates and to employees each January.

Set hiring standards that let you select best candidate

02/09/2015
Employers are free to set hiring standards and then to pick from the most qualified applicants. Disappointed applicants can’t sue just because they believe they were somehow discriminated against. They have to offer some proof that the employer didn’t hire the best-qualified applicant.

Be sure you can justify reason why promoted worker didn’t get raise

02/09/2015

Most employees who are promoted see that as a vote of confidence and assume their new responsibilities will include more money or other tangible benefits. But what if you don’t want to raise pay?