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Employment Law

A series of small slights can add up to one huge retaliation case

04/01/2008
It’s hard to prove discrimination, but much easier to prove retaliation. That’s a lesson more and more employers are learning the hard way. The fact is, anything negative you do to an employee who has complained about alleged discrimination may amount to retaliation …

Morgan Stanley to pay $16 million

04/01/2008
A California District Court has given preliminary approval to a proposed $16 million settlement by Manhattan financial firm Morgan Stanley with a group of black and Latino financial advisors in its global wealth-management group …

Hofstra football assistant says jocks were jerks

04/01/2008
An assistant for Hofstra University’s football team has filed a federal lawsuit charging that she was “subjected to offensive and sexually graphic movies in the presence of howling and taunting male students” and “locked in a bathroom by a group of male students” …

Wage-and-Hour suits are hot

04/01/2008
Wage-and-hour lawsuits are growing exponentially, according to the fourth Annual Workplace Class Action Litigation Report from national law firm Seyfarth Shaw LLP. New York was among the states experiencing the sharpest growth in wage-and-hour claims …

N.Y.-Based grocery chain to pay $40,000 discrimination settlement

04/01/2008
Eugene Gates Jr. had worked in a Charlotte, N.C., grocery store for nearly 40 years when it was purchased by Compare Foods, based in Freeport, N.Y. Shortly after the buyout, Compare cut his hours in half and gave his shifts to a young Hispanic worker …

More new state laws to complicate life for employers

04/01/2008
In 2007, New York lawmakers passed a record number of laws affecting employers, including new laws on independent contractors, inquiries into conviction records, leave for military spouses, leave of absence for blood donations and cancer screenings, and unemployment benefits …

Explain work schedule during interview, not after hiring

04/01/2008
Does your organization operate on shifts or have unusual work hours? If so, it’s fair to both job applicants and the organization to be ultra-clear about what hours new hires should expect to work. The best approach is to ask about work availability up front—right on the application …

Changes coming to the FMLA—For better and for worse

04/01/2008
After remaining untouched for its first 15 years, the FMLA has received a makeover in the past couple of months—first by Congress, and then by regulators at the U.S. Labor Department. Here are the highlights …

Age discrimination is hard to prove—But retaliation isn’t

04/01/2008
One of the hardest discrimination claims for employees to prove is age discrimination under the Age Discrimination in Employment Act (ADEA). Retaliation is a much easier case to make. All the employee has to prove is that he complained about discrimination and was punished for doing so …

When serial harasser strikes, you can’t just move victims

04/01/2008
Do you have a serial harasser on your hands? Has the finger been pointed at the same individual more than once? If so, don’t try to weasel your way out of a confrontation by simply separating the harasser from the harassed. You may get away with it once, but you’re courting trouble (and a potentially big lawsuit) if you try it again …