An employee has won the right to “discover” allegedly harassing e-mails her supervisor sent while they worked for a former employer. Facts Andrea Gogel sued Kia, alleging it failed to promote her because of her race and gender. She also claimed that Kia later retaliated against her for filing complaints. Although she didn’t directly sue her supervisor, Randy Jackson, she […]
EMPLOYEE WINS RIGHTS TO OBTAIN SUPERVISOR’S E-MAILS Read More »
“Implicit compulsion” In the last several years, the courts have seen a flood of lawsuits in which groups of employees claim the time they spend reading and responding to e-mail should be considered work time and therefore paid. In many cases, they’re successful. Employees are often are expected to check their e-mail, and it’s not
THE WAGE AND HOUR PERILS OF OFF-HOURS SMARTPHONE USE Read More »
Unscheduled absenteeism costs American businesses billions of dollars every year, according to the U.S. Bureau of Labor Statistics (BLS). There are myriad potential costs to take into account, including: Overtime; Paid Sick Days; Use of temporary or “relief/reserve” employees; Reduced productivity; Poor quality of goods or services resulting from replacement workers’ inexperience or fatigue; Administrative costs associated
COMBATING THE HIGH COST OF ABSENTEEISM Read More »
Notice of Pay Rate On December 29, 2014, Governor Andrew M. Cuomo signed a bill eliminating the requirement that before February 1 of each year, employers notify and receive written acknowledgement from every worker about their rate of pay, allowances, pay day, etc. Legislative leaders and the Governor have agreed to make this change effective
GOVERNOR CUOMO SIGNS BILL ELIMINATING CERTAIN PORTIONS OF THE WAGE THEFT PREVENTION ACT Read More »
As we head into the end of 2014, New York State employers should begin preparing for the minimum wage hike. On December 31, 2014, the statewide hourly minimum wage for non-exempt (i.e., hourly) employees will rise from $8.00 to $8.75 (and then to $9.00 on December 31, 2015). Just as significantly, the minimum weekly salary for certain exempt employees
NEW YORK MINIMUM WAGE SET TO RISE ON JANUARY 1, 2015 Read More »
The Family and Medical Leave Act (FMLA) can be one of the most daunting employment laws an employer has to deal with. There are very specific rules and procedures that must be followed to ensure that both employee and employer are protected. Here are ten tips to assist you in complying with your obligations under the law:
TEN TIPS IN DEALING WITH THE FAMILY AND MEDICAL LEAVE ACT Read More »
For companies still wondering whether spending a little now to implement a solid immigration compliance program is a sound investment, some recent immigration-related penalties provide compelling reasons to invest in training and compliance. Remember—all employers have immigration-related compliance obligations regardless of whether they employ any foreign nationals. Even simply falling short on one’s obligation to verify
PENALTIES FOR IMMIGRATION NONCOMPLIANCE Read More »
An employer’s dealings with the EEOC typically stem from an administrative charge filed by a current or former employee. However, businesses are sometimes hit with an unexpected, nettlesome, and costly surprise: an EEOC third-party subpoena. The EEOC has the power to issue subpoenas to third parties, meaning it can order them to produce documents and
THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION’S BROAD THIRD-PARTY SUBPOENA POWER Read More »
Earlier this year, the Occupational Safety and Health Administration (OSHA) decided that it will refer all untimely retaliation claims to the National Labor Relations Board (NLRB) to determine whether an employer engaged in an unfair labor practice (ULP) under the National Labor Relations Act (NLRA). Background In March 2014, David Michaels, OSHA’s Assistant Secretary of Labor, signed a memorandum stating the agency
OSHA AND NLRB TEAM UP AGAINST EMPLOYERS Read More »
There is clear agreement that substance abuse—whether it’s alcohol, prescription drugs, or illegal drugs—adversely affects employers and their businesses. Some estimate the loss of productivity for U.S. employers has been as much as $200 billion annually! General concerns for safety at work, injuries on the job, theft, loss of employee morale, and costs related to
TOP TIPS IN HANDLING SUBSTANCE ABUSE IN THE WORKPLACE Read More »