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Employment Law

Prompt investigation cuts co-worker harassment liability

09/13/2012
Employers that promptly investigate sexual harassment claims aren’t liable for co-worker harassment.

If your new hire can’t physically perform the job, feel free to terminate

09/13/2012
Sometimes, a female applicant believes that she has the skills and ability to do a very strenuous job even if she hasn’t tried before. Go ahead and give her a chance, knowing that if it doesn’t work out, you can terminate her. Just make sure you document everything.

Fired for insisting on legal compliance, HR pro will get his day in court

09/13/2012
Here’s some encouragement for HR professionals caught in a seemingly no-win situation. If you are fired for insisting that the company comply with anti-discrimination laws, you probably can sue.

Employee behaving strangely? Think twice before urging her to seek counseling

09/13/2012

Do you have an employee you think is acting strangely? Do you think she might benefit from counseling? Before you tell her she needs to get help, consider that she just might try to sue you instead. That’s especially true if she refuses counseling and then loses her job.

Beware lawsuits when top brass spouts bias

09/13/2012
When those at the top of the organizational chart make racist and other offensive comments, trouble is sure to follow. Not only do slurs often bring negative publicity, but they also taint otherwise independent employment decisions.

Employee unable to sign time sheet: What do we do?

09/13/2012

Q. If an employee is not available to sign his or her time ­sheet, can the supervisor sign the employee’s name and include the supervisor’s initials and a comment stating that the employee is not available to sign?

Manager divulged private health info: Now what?

09/12/2012
Q. We approved an employee to take FMLA leave to care for her seriously ill father. The problem is that her supervisor has shared the details of the dad’s illness with other employees. This is a breach of confidentiality. The employee has complained. What should happen to the supervisor?

At work and online: NLRB restricts employers’ social media rules

09/10/2012

Many employers have social media policies that attempt to control what employees say on social media. Poli­­cies that overreach may violate the NLRA. In response, the NLRB has issued a memorandum summarizing key points in its recent decisions concerning social media.

DOL docks federal funding to pay contractor’s back wages

09/10/2012
The U.S. Department of Labor’s Wage and Hour Division will deduct unpaid wages and benefits from future government payments to Lettire Construction Corp. to settle violations of the Davis-Bacon and Related Acts …

In Lower Manhattan, how about a slice of class action?

09/10/2012
A federal judge has certified a class-action lawsuit against Manhattan’s hip Adrianne’s Pizza Bar. Current and former workers allege they were not paid minimum wage, overtime and “spread-of-hours” premiums required for restaurant employees who work long split shifts.