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New York

Behind the wheel: Why you need an anti-distracted driving policy

09/06/2013
Many states have laws against texting or talking on cellphones while driving. Absent a clear, tough, enforced policy against distracted driving, employers risk losing millions of dollars in jury verdicts—and contribute to crippling and fatal carnage on the road. You need a clear policy: Employees may not use mobile devices while driving on company business.

2nd Circuit: CEO can be personally liable for FLSA violations

09/06/2013
Here’s a bit of news you may want to pass on to company executives when explaining why they must comply with the letter and the spirit of the FLSA. Tell them they aren’t just putting company assets at risk, but also their own.

Government alleges Madoff made out with employee

09/06/2013
As prosecutors try to unravel Bernie Madoff’s Ponzi scheme, they are finding his personal life a tangled web as well.

Contractor paying back wages to Sandy cleanup employees

09/06/2013
InStar Services Group has agreed to pay $65,000 in back wages to more than 100 employees who did not receive the pay they were promised for cleaning up after Superstorm Sandy.

Bill would provide leave for domestic abuse victims

09/06/2013
A bill before the New York Legislature would require employers to provide domestic or sexual abuse victims up to 90 days per year of unpaid leave to deal with the effects of the abuse.

Mere worker inconvenience doesn’t warrant a lawsuit

09/06/2013
Denying a request to work from home is just an inconvenience for an em­­ployee. It’s not grounds for a law­­suit since it’s not an adverse employment action, doesn’t create a hostile work environment or justify quitting.

No individual liability under federal, NY layoff notice laws

09/06/2013
Good news for supervisors who help determine who to cut in a reduction in force: Under the federal Worker Adjustment and Retraining Noti­­fi­­ca­­tion Act (WARN) and the New York State version of the law, there is no individual liability for violations.

The clock is ticking: Note exact date employee learned of termination decision

09/06/2013
Former employees have deadlines for filing complaints over their termination or other employment discrimination claims. In most cases, they have to act within 300 days. Missing the deadline means they ­forever lose the right to sue.

Make arbitration agreements stick–even if there’s no employee signature

09/06/2013
If you use arbitration as a way to resolve employment disputes, you no doubt realize that you need the employee’s signature on that agreement in order to make it a binding contract. But what happens if that signature isn’t there or perhaps was faked?

Know the right way to request FMLA certification, fitness-for-duty notices

09/06/2013
When employees have a serious health condition that qualifies them for FMLA leave, employers have the right to some basic information. But you have to ask for it in the right way and at the right time.