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New York

OK to revoke job offer for false application

12/20/2019
When you find a promising candidate for an opening, make your offer contingent on passing a background check. If that investigation reveals disturbing information such as including false information on the application, you may revoke the offer.

Transient injuries don’t usually trigger ADA

12/19/2019
In order to claim coverage under the ADA, a worker must show that he has a “physical or mental impairment that substantially limits one or more major life activities.” Generally, most temporary conditions don’t qualify, even though they may be considered serious health conditions under the FMLA.

Mere threat of discipline is no reason to quit

11/30/2019
Employees who quit can still sue their employers just as if they had been fired for an unlawful reason—under very limited circumstances.

Ensure disciplinary documents contain enough detail to justify harsh punishment

11/30/2019
Details are especially important when different employees break similar rules and you punish some more harshly than others. You need to be able to show why you fired one employee while another whose misconduct was identical was allowed to keep his job.

Hairstyles become latest flashpoint for grooming disputes

11/25/2019
Hair is becoming the new battleground over employer expectations and employee compliance. Increasingly, state and local authorities have stepped in, siding with employees who challenge grooming policies.

Proposed rule could end push for graduate student unions

11/25/2019
On Sept. 23, 2019, the National Labor Relations Board published a Notice of Proposed Rulemaking that addresses the longstanding issue of whether undergraduate and graduate students who perform services for compensation (including teaching or research) at private colleges and universities can form a union under the National Labor Relations Act.

Pay bias settlement to cost Goldman Sachs almost $10M

11/25/2019
Investment banking colossus Goldman Sachs & Co. has agreed to a massive settlement with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to resolve charges it discriminated against women and minorities in its pay practices.

SOX whistleblower claims must be filed with feds

11/25/2019
The 2nd Circuit Court of Appeals has clarified what employees must do before taking Sarbanes-Oxley Act whistleblower claims to federal court. Employees must first file a complaint with the appropriate federal regulatory agency within 180 days of the alleged employer wrongdoing.

Budget constraints may be legit reason for reassignments

11/25/2019
Courts generally grant great leeway when an employer cites budget cuts or other economic justifications for personnel moves. Employees challenging such decisions need to do more than say they believe discrimination played a part. They must have some evidence.

Think twice before firing immediately after employee has filed EEOC complaint

11/25/2019
If you suddenly fire a worker who just filed an EEOC complaint and can’t explain why, expect a retaliation lawsuit. That’s because filing an EEOC complaint is protected activity, so the timing alone looks suspicious.