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Employment Law

Health law includes expansion of 1099 paperwork

06/03/2010
A little-noticed piece of the new health care reform law (Section 2006) would dramatically expand the reporting requirements for 1099 forms. Starting in 2012, a business must file a 1099 form every time it makes cumulative purchases of $600 or more from any store or vendor during the year.

Know the law governing background criminal and credit checks

06/02/2010
No law bars employers from conducting criminal background checks. However, conducting checks when it isn’t necessary not only wastes resources, it may increase the risk of being sued. The same is true of credit checks. Two lawsuits challenging the fairness of background checks serve as cautionary tales for employers.

U.S. Supreme Court opens door for more class-action suits

06/02/2010

The U.S. Supreme Court has ruled that class actions barred by many state laws may proceed in federal court. The case in question (Shady Grove Orthopedic Associates v. Allstate) dealt with a New York state law that limited claims in certain class-action cases.

Repeated bra snapping leads to resignation and lawsuit

06/02/2010

Bical Chevrolet in Queens is facing a sexual harassment lawsuit for what sounds like something out of junior high. Katherine Salas accuses two Bical managers, Charlie Albanese and Michael Inserillo, of snapping her bra up to six times a day and smacking her bottom with a wooden backscratcher.

Liability for aiding, abetting possible under state law

06/02/2010
You may not be liable personally under the ADA, but that doesn’t mean you are entirely off the hook. Under the New York State Human Rights Law, an individual who “actually participates in the conduct giving rise to the discrimination claim” can be held liable for the consequences.

Court rejects bid for personal liability under ADA

06/02/2010
Good news for those worried about being on the hook personally for ADA violations: A federal court considering a New York case has rejected an employee’s bid to hold supervisors personally liable for alleged disability discrimination.

Tread lightly when contemplating firing employee who’s been convicted of a crime

06/02/2010
Can you fire a current employee who, during employment, is convicted of a crime? It’s still not clear that you can fire him because of that conviction. Until the law is clarified, consult your attorney before firing someone based on criminal records.

Court calls it ‘nonsensical’: Prejudice against the prejudiced isn’t covered discrimination

06/02/2010
Sometimes, it seems as if employees just make up reasons to sue their employers. Fortunately for employers, when employees’ claims turn out to be ludicrous, courts quickly dismiss the lawsuits.

Failing to investigate nebulous charges isn’t a federal case–and it’s not retaliation

06/02/2010

Employees who complain about alleged discrimination are protected from retaliation for doing so. In order for the employee to win a lawsuit, the retaliatory act must be adverse—that is, it must be an act that affects the employee in more than an inconsequential way. In a recent case, an employee claimed that by merely ignoring her complaint, her employer was retaliating. The 2nd Circuit Court of Appeals nixed that idea.

Court: You must act to prevent harassment

06/02/2010

If you thought having a sexual harassment policy and a clear process for complaining was enough in New York, think again. The Court of Appeals of New York has ruled employers have to prevent supervisor harassment or face strict liability. The court rejected the so-called Faragher-Ellerth defense and said employers are strictly liable for supervisor harassment even if that harassment doesn’t result in direct employment-related harm.