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Employment Law

On the Border: Harassment on Long Island crossed line

01/28/2020
A discrimination complaint on Long Island has resulted in a $100,000 settlement.

Pregnancy accommodation bill approved by House committee

01/28/2020
A bipartisan bill that would require employers to offer specific accommodations to pregnant workers has cleared a key legislative hurdle.

Being short probably not an ADA-qualifying disability

01/23/2020
Merely being shorter than most people is not enough on its own to be classified as disabled under the ADA. To qualify, an applicant or employee who is short in stature would have to show that her condition substantially impairs a major life activity.

DOL continues to pursue misclassification

01/23/2020
The Department of Labor is aggressively going after employers who don’t properly classify workers, even in industries where it is common to hire workers as independent contractors.

Joint employer? 3 scenarios to help you decide

01/23/2020
The new Department of Labor joint-employer rule that takes effect March 16 will make it less likely that more than one employer will be held liable for the same federal wage-and-hour violation. Here are three scenarios that illustrate how the rule will apply.

21 employees to split $20.5 million settlement in EEOC bias case

01/21/2020
Twenty-one former employees of Jackson National Life Insurance Co. will split their share of $20,500,000 the company is paying to settle EEOC charges of retaliation and race, national origin and sex discrimination.

EEOC negotiates installment plan settlement

01/16/2020
If you think you can escape the EEOC’s wrath because you’re a small employer in a low-margin business, think again. Just because you can’t afford even a modest settlement doesn’t mean the EEOC won’t pursue litigation against you.

More lawsuits winning class-action status

01/16/2020
Employees managed to convert individual lawsuits against their employers into class actions at a record-breaking clip in 2019, according to the Seyfarth Shaw law firm’s annual Workplace Class Action Litigation Report.

Details matter when deciding if retaliation occurred

01/15/2020
Workers are shielded from retaliation for engaging in protected activity like complaining about alleged discrimination. Be prepared to show that anything unpleasant they experience isn’t punishment.

Limited duty may be reasonable accommodation

01/15/2020
A limited-duty assignment may be a reasonable accommodation, even if the worker doesn’t like the change. It’s not disability discrimination.