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New York

Class act? NYC strippers to split huge settlement

05/06/2013
A class of 1,245 exotic dancers will split an $8 million settlement resulting from claims that the Penthouse Executive Club in Manhattan’s Hell’s Kitchen neighborhood misclassified them as independent contractors.

Off-limits to bosses: Talk of child-rearing

05/06/2013
Some things are best left unsaid. That includes any comments about how hard it must be for a mother to have a career and raise children. Tell managers to keep the topic out of their office chitchat.

Being sole minority employee doesn’t mean special protection

04/22/2013
How often have you worried about disciplining the only employee who belongs to a particular protected class? You probably feared that the employee would sue, alleging bias. Relax. Being the only black … or Asian … or female employee doesn’t confer any particular advantage in a discrimination lawsuit.

Poor performance–properly documented–warrants termination

04/15/2013
In almost every case, clearly documented poor performance will trump discrimination allegations. That’s especially true if you can offer examples going back a reasonable period of time.

In court? Turn over all relevant documents

04/15/2013
Here’s a warning for HR professionals who are reviewing personnel files for use in a lawsuit: Don’t even think about playing games with the judge by failing to hand over everything. For example, if you provide only negative information, chances are a judge won’t be pleased.

When it comes to bias, the customer’s not always right

04/03/2013
Watch out for the old adage that the customer is always right. Take it too literally, and you could be courting employment law liability. Handling customers who ask you to violate the law is tricky.

Payback: Courts strike at NLRB … and the NLRB strikes right back

04/03/2013

The NLRB has been stung several times in recent months, but continues to sting back. First, a federal appeals court ruled that several board members had been illegally appointed. Then an NLRB decision favoring striking health care workers was overturned. Regaining its footing, the NLRB decided to punish a nonunion em­­ployer for discouraging unionization in its handbook.

Long Island caterer ordered to serve up audited financials

04/03/2013
The NLRB has ordered a Plainview catering and food-service company to hand over reams of financial information to the United Food and Commercial Workers union to use in contract negotiations.

Using uniforms, cleansers probably means FLSA applies

04/03/2013
Some employers think they can ignore federal wage-and-hour rules because they are small and don’t hit the $500,000 annual sales volume required to be covered by the FLSA. That rarely works because merely engaging in interstate commerce by using uniforms and cleaning supplies may be enough.

Records trump ‘knowledge’ of co-workers’ hours

04/03/2013
Here’s some good news: If you have complete and accurate time records, an employee’s claims that he just “knows” what hours others work isn’t going to be enough to keep a lawsuit moving.