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Employment Law

Ensure supervisors understand importance of documenting accommodations process

02/05/2009

The ADA requires employers to reasonably accommodate disabled employees and applicants. To decide what those accommodations will be, both sides are supposed to engage in an interactive process. If that process breaks down, a court will try to determine who was responsible for the impasse—and good records are key to winning that fight.

Be on guard for age discrimination suit if older worker offers to work for less

02/05/2009

Older employees who learn they might be laid off for economic reasons—especially those who have recently spoken with an employment lawyer—have begun trying an interesting tactic: They’re volunteering to work for less pay. Take those offers seriously.

Make agreements truly a last chance: It’s OK to forbid appeals or challenges

02/05/2009

If you want to give an employee one last chance to fly right, you can use a so-called “last chance agreement.” Such contracts can be used, for example, to set the terms for being drug or alcohol free and submitting to random testing. Last-chance agreements can even include tough terms

You can make disabled comply with dress, behavior standards

02/05/2009

Good news when it comes to disciplining disabled employees for breaking behavioral or dress code rules: You can and should hold the disabled to those rules, along with everyone else.

Court upholds ruling limiting mandatory paid leave for FMLA

02/05/2009

Sometimes, a union contract clashes with employment laws. It’s then up to an arbitrator to reconcile the two—and an arbitrator’s decision is rarely overturned on appeal.

New law on privacy in place: How to comply

02/05/2009

If you haven’t already taken appropriate measures to comply with New York’s new privacy law that took effect in January, do so now before the Commissioner of Labor moves to assess civil penalties. Amendments to the New York Labor Law now require employers to protect employees from identity theft and other potential privacy problems.

Ex-driver puts full court press on New York Knicks center

02/05/2009

New York Knicks center Eddy Curry has been sued by his former driver, who claims that Curry made a pass at him. The former driver, David Kuchinsky, also says that Curry used racial slurs around him …

U.S. Supreme Court to hear reverse discrimination appeal

02/05/2009

The U.S. Supreme Court has agreed to review a reverse discrimination ruling by the 2nd Circuit Court of Appeals, which had upheld a lower court’s decision that the city of New Haven, Conn., could refuse to certify the results of two fire department promotion exams…

Charter schools unionized

02/05/2009

Here’s yet more evidence that organized labor is making a comeback: Teachers at two charter schools in New York City recently voted to bring in a union.

Fired health CEO sues

02/05/2009

Carmen Morano, former president and CEO of Bloomfield-based health insurance company PerfectHealth, has sued the insurer, alleging it illegally fired him in May 2008.