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 […]
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
THREE THINGS EVERY WORKPLACE VIOLENCE PLAN SHOULD CONTAIN Read More »
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
The National Labor Relations Board (NLRB) just announced a proposed rule requiring businesses to post notices in break rooms to inform employees of their right to bargain collectively, distribute union literature or engage in other union activities without reprisal. The purpose of the postings, according to the NLRB, would be to increase knowledge of
NATIONAL LABOR RELATIONS BOARD PROPOSES NEW POSTING RULE Read More »
New York State Governor David Paterson signed the “Domestic Workers Bill of Rights” in late August, 2010. The law took effect on November 29, 2010. Under the law, a protected domestic worker is defined as a “person employed in a home or residence for the purpose of caring for a child, serving as
NEW YORK STATE DOMESTIC WORKERS BILL OF RIGHTS Read More »
New York State law does not require employers to allow employees to take time off for bereavement leave. However, under New York’s new funeral and bereavement law, which went into effect on October 29, 2010, when a company does allow employees to take time off for the death of a spouse, or for the
NEW YORK’S NEW BEREAVEMENT AND FUNERAL LEAVE FOR SAME-SEX PARTNERS Read More »
The New York State Construction Industry Fair Play Act (CIFPA) was signed by Governor Paterson in late August and became effective on October 26, 2010. Under this new law, a construction worker is presumed to be an employee, as opposed to an independent contractor, unless they meet the following three criteria: (1) the
THE NEW YORK STATE CONSTRUCTION INDUSTRY FAIR PLAY ACT Read More »
Workplace breaks in New York are governed by New York State Labor Law §162. Pursuant to that statutory section, every person employed at or in connection with a factory must be given a sixty (60) minute (i.e. one hour) break for the noon day meal. Employees employed in connection with a mercantile (i.e. a
LUNCH AND OTHER BREAKS UNDER NEW YORK STATE LAW Read More »
A written employment contract sets forth the basic, material terms of an employee’s employment relationship with his/her employer. Whether or not your company should enter into an employment contract with an employee must be determined on a case-by-case basis. There are basically two types of employment contracts: at-will employment contracts, and employment contracts
WRITTEN EMPLOYMENT CONTRACTS: ARE THEY RIGHT FOR YOUR COMPANY? Read More »
Creating an Anti-Discrimination/Anti-Harassment Policy, and regularly training your employees regarding the company’s policies and procedures, may be the single most important step you can take to protect your company against claims of unlawful employment practices. In order to be effective, the policy promulgated should (1) define and give examples of unlawful discrimination/harassment, (2)
TRAINING YOUR WORKFORCE ON DISCRIMINATION/HARASSMENT TO AVOID CLAIMS AND LIABILITY Read More »