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Employment Law

Factor disabled employee needs into planning for natural disasters

12/10/2013
When disaster strikes, smart employers have contingency plans in place to keep the business running. Such plans need to account for the kind of emergency facing the organization—and how it will handle the needs of disabled employees during and after the disaster.

New NYC rules for accommodating pregnant employees take effect

12/10/2013
Beginning Jan. 30, most ­employers with employees working in New York City will be required to provide reasonable accommodations for pregnant employees.

Upstate pizzeria lays out dough for sexual harassment

12/10/2013
The current owners of Angelo’s Pizza in Rouse’s Point on Lake Cham­­plain will pay $35,000 to seven former female employees to settle sexual har­­assment charges dating back to the time of its previous owners.

Judge: Firing was too harsh for heroin-toting teacher

12/10/2013
A judge ruled that firing a teacher who brought 20 small packages of heroin into a Manhattan Court­­room was “excessive and shocking to this court’s sense of fairness.”

In Queens wage case, the Mythos and the reality

12/10/2013
The owners of Mythos, a Greek restaurant in Queens, have agreed to pay $329,000 in back pay and liquidated damages to 21 employees following an FLSA investigation by the DOL’s Wage and Hour Division.

Termination for legitimate business reason trumps FMLA

12/10/2013
Employers can terminate an em­­ployee about to take FMLA leave if they have legitimate business reasons that have nothing to do with taking FMLA leave.

Whoa! Never saw that one coming! You’re not responsible for aberrant crime

12/10/2013
Unless it’s obvious that an em­­ployer acted maliciously by purposely setting out to harm an employee, chances are it won’t be held responsible for the consequences of a co-worker’s crime.

Best defense against bias suit: consistency

12/10/2013
You simply never know which employee will sue for discrimination. Your best defense is to consistently treat all employees equally. Make all your workers follow all your workplace rules all the time.

Boss’s verbal gaffe doesn’t prove retaliation

12/10/2013
Worried that a supervisor’s isolated, ill-advised comment about a subordinate’s cooperation in a discrimination case will mean an automatic win if the employee sues for retaliation? It’s not a sure thing.

Does FMLA cover colds and flu? It’s not a question to sneeze at

12/10/2013
When Congress drafted the FMLA more than 20 years ago, colds and the flu were frequently mentioned as examples of illnesses not meant to be covered. However, FMLA regulations do provide for exceptions if an employee’s influenza is particularly serious, involves complications or requires hospitalization or continued medical treatment.