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Employment Law

‘Business necessity’ may become new ADA focus

12/05/2008

Beginning this month, the new amendments to the ADA take effect. Among those rules is one that says employees are disabled even if they can mitigate the effects of that disability with medication or other aids …

Lawsuit: Lehman bankruptcy stiffed riffed NYC workers

12/05/2008

Miron Berenshteyn, a former computer programmer for Lehman Brothers in Jersey City, has filed a $5 million lawsuit alleging the company violated the federal and New Jersey WARN acts when it laid off more than 100 workers in September.

If you don’t track hours, overtime lawsuit may become nightmare

12/05/2008

Many employers make mistakes when it comes to classifying employees—either exempt (salaried) or nonexempt (hourly) from the federal overtime rules. Those mistakes can lead to expensive class-action lawsuits. And if employers failed to track hours worked, it makes it all the more difficult to settle the case.

Warn managers: No statements even remotely suggesting bias against older workers

12/05/2008

Age bias has no place in the workplace, and managers are primarily in charge of preventing it. Warn them against making any statements that may indicate management or your organization prefers younger employees to older ones.

Comments and behavior directed at others can create hostile environment

12/05/2008

Here’s another reason to strictly enforce a zero-tolerance policy for any sexist, religious or racial comments: Even comments or behavior directed at one individual can create a hostile environment for others who belong to the same protected class.

Union members who lose seniority must sue fast

12/05/2008

Employees who work in a union setting often cannot take temporary assignments into management without losing the benefits of their union membership. One such benefit is often seniority. Employees must sue right away if they lose seniority.

Stop client poaching with restrictive covenant

12/05/2008

If your business depends on solid client relationships, now is the time to safeguard those relationships with a restrictive covenant that prevents employees from jumping ship and taking customers with them.

Sexual harassment costs Nassau P.D. $1 million

12/05/2008

Three former detectives for the Nassau County Police Department’s 8th Precinct in Levittown have won a $1 million verdict for sexual harassment and discrimination.

Justin Timberlake is sued for wage-and-hour violations

12/05/2008

A busboy who worked in singer and actor Justin Timberlake’s Manhattan restaurant, Southern Comfort, is suing the star seeking unpaid wages and tips.

Retail chain will pay $255,000 for racial harassment

12/05/2008

National Wholesale Liquidators will pay nine South Asian employees $255,000 for subjecting them to a hostile work environment based on their race, national origin and religion, as well as sexual harassment.