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Employment Law

Mental health coverage: DOL clarifies parity law

06/11/2012
Do the mental health and substance abuse benefits offered through your group health plan comply with the federal Mental Health Parity and Addiction Equity Act of 2008? The DOL last month issued a set of frequently asked questions that help clarify employers’ duties under the law.

How to stop harassment suits before they start

06/10/2012
One of the simplest and most effective ways to prevent retaliation lawsuits is to follow up with the employee who complained. Remind her that you don’t tolerate retaliation, and be sure to check back at least once following the investigation.

New scrutiny may change the way employers access social media

06/08/2012
Before you plunge into cyberspace in search of information on applicants (or current employees), understand the legal implications. Employers’ efforts to access employees’ and applicants’ private social media websites have re­­cently been subject to increased scrutiny by New York and federal legislators.

New Yorkers’ EEOC claims fell–just slightly–in 2011

06/08/2012
New Yorkers filed 3,802 discrimination claims with the EEOC in fiscal year 2011, two fewer than the year before, according to data the commission just released.

Settlement after workers (and rabbis) say pay wasn’t kosher

06/08/2012
Brooklyn’s Flaum Appetizing has settled a long-running pay dispute with 20 Hispanic employees at its Williams­burg plant. The kosher food maker and deli agreed to pay the workers $577,000 to settle the dispute.

Beware! Off-duty harassment may still be your problem

06/08/2012
Sometimes, sexual harassment happens after hours, not in the work­­place. But if there’s a sufficient connection to work, employers may still be liable.

Court: No free lawyer unless case has real merit

06/08/2012
There is no constitutional right to a free attorney in employment dis­­crimination cases. Unless a so-called pro se litigant can show the court that his claim clearly has merit, he’ll have to serve as his own lawyer.

It’s your call: Intermittent FMLA leave following birth is up to the employer

06/08/2012

Some new parents don’t want to come back to work full time after giving birth. They may prefer a part-time schedule, using intermittent FMLA leave. But you don’t have to allow intermittent leave following birth unless the infant suffers from a serious health condition.

Crack down on supervisor harassment with tough policy, prompt corrective action

06/08/2012

HR professionals can’t be everywhere at once, making sure no boss ever harasses a subordinate. It will happen, even in the best, most progressive organizations. Protect against such nonsense with a robust anti-harassment policy and a commitment to promptly investigate harassment allegations.

Don’t apply ADA to temporary conditions

06/08/2012

Some employees believe that any physical problems that linger after surgery or other medical treatment are disabilities that entitle them to ADA protection. That’s not true. Disabilities are permanent. Temporary, post-surgical problems don’t qualify.