January 2011

THE EQUAL EMPLOYMENT OPPORTUNITY (EEOC) REPORTS AN INCREASE IN DISCRIMINATION COMPLAINTS

Workplace Discrimination /

              A recent report from the EEOC shows that claims of discrimination in the workplace, whether based on gender, race or other so-called “protected classes”, soared to 99,922 in the year ended September 30, 2010.  This represents a 7.2% increase over the 93,277 claims brought in the prior year, and is the highest level of new […]

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NEW YORK’S NEW “WAGE-THEFT PREVENTION” ACT

Wage and Hour Issues /

            On December 13, 2010, New York Governor David Paterson signed into law the “Wage Theft Prevention Act”, which provides new and expanded protections for workers under the New York State Labor Law.  The new law will become effective  in 120 days, or on or about April 12, 2011.             New York State Labor Law

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SOUTHERN DISTRICT OF NEW YORK ADOPTS AUTOMATIC MEDIATION FOR EMPLOYMENT DISCRIMINATION MATTERS

Alternative Dispute Resolution /

             Under a new rule adopted by the Federal District Court for the Southern District of New York, effective January 3, 2010 all employment discrimination cases, except those brought pursuant to the Fair Labor Standards Act (FLSA), will be automatically referred to the court’s alternative dispute resolution program.  The magistrate judge overseeing a particular case

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THREE THINGS EVERY WORKPLACE VIOLENCE PLAN SHOULD CONTAIN

Anti-Discrimination/Anti-Harassment Policies /

            Unfortunately, it seems that incidents of workplace violence are becoming more and more common these days.  While a company can never fully protect itself from such incidents, having a comprehensive workplace violence plan in place, and disseminating it to employees, may help prevent many such incidents.               While such a plan should be carefully

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RECENT AMENDMENTS TO THE NEW YORK STATE WORKERS ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

Uncategorized /

          The New York State Workers Adjustment and Retraining Notification (WARN) Act, which went into effect on February 1, 2009, requires employers to provide 90 days notice prior to a plant closing, mass layoff or relocation. Notice must be provided to affected employees and their representatives (i.e. their collective bargaining unit), the New York Department

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