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Employment Law

ACLU forces abusive Manhattan retailer to pay up

11/01/2007

It took nearly a year, but the American Civil Liberties Union (ACLU) has finally forced Manhattan retailer Albert Palacci to pay for blatantly exploiting three immigrant women …

Time, room for breast-Feeding moms (Maybe a toilet, too)

11/01/2007

An August amendment to the New York Labor Law guarantees time and space for breast-feeding mothers to express milk at work, but stops short of emancipating them from the lowly toilet stall …

Law 101: Anti-Harassment training for managers, supervisors

11/01/2007

Developing, implementing and enforcing a comprehensive anti-harassment policy is vital to create a safe and comfortable work environment and minimize the potential damage from harassment lawsuits. But having an anti-harassment policy is not enough; the policy must be implemented, promulgated and consistently enforced. Training employees and managers on harassment law and the employer’s harassment policy is an important part of an employer’s defense against a harassment claim—whether the alleged harassment was by a supervisor or a co-worker …

On applications, arrests off limits; convictions fair game—With limits

11/01/2007

Q. Our employment application asks, “Have you ever been arrested? If so, list the nature of the arrest.” Is this legal? …

Workplace chaplains boost morale, productivity

11/01/2007

Having a man or woman of the cloth around the office is a growing trend for companies keen on work/life benefits. Thousands of clergymen and clergywomen work full time or part time in corporate America as chaplains, ministering to employees’ spiritual needs and providing counseling services. If you think your organization might benefit from having a chaplain in the workplace, consider how you will structure his or her employment and the qualifications that will best serve your employees …

Make sure firing decision was independent of FMLA status

11/01/2007

What does your organization do when a manager or supervisor recommends a subordinate should be fired? If you simply approve the recommendation without seeking more information, you may be asking for a lawsuit. Here’s why: If the manager’s reasons are illegal—maybe an attempt to punish an employee for asking for or taking FMLA leave—then courts will conclude that your organization shared the manager’s motives …

More than low rating required to win discrimination suit

11/01/2007

Believe it or not, federal courts don’t want to micromanage every aspect of your HR function. When faced with serious claims such as discrimination, courts ask employees to prove they suffered an “adverse employment action”—major damage such as a demotion, a cut in pay or discharge. They don’t tend to sweat the small stuff, such as lousy performance appraisals …

Employees get benefit of doubt on religious accommodation

11/01/2007

Employees are entitled to reasonable accommodation of their “sincerely held” religious beliefs. Employers face an uphill battle if they want to deny such requests because they doubt the sincerity of their employees’ beliefs. That’s because there’s very little employers can do to get such cases tossed out before they go to trial. End result? Lots of lost time—and lots of attorneys’ fees …

Occasional crudeness doesn’t add up to sexual harassment

11/01/2007

Everybody knows the workplace is supposed to be free of all forms of harassment. Everybody also realizes that’s the platonic ideal. The good news is that, with vigilance, you’ll protect your organization from sexual-harassment lawsuits because any harassment that surfaces won’t be pervasive and severe …

You can force an eligible employee to take FMLA leave

11/01/2007

FMLA provides up to 12 weeks’ unpaid leave to eligible employees for their own or a relative’s serious health condition. Employers can run FMLA leave concurrent with other paid leave if they choose, which has the effect of running out the clock. But what if the employee has a serious health condition and doesn’t want to use up her FMLA time just yet? Can you force her to take FMLA leave? You can, as the following case shows …