We are because it isn't.

NY Additional workplace protections for victims of domestic violence

August 28th, 2019

Melissa Osipoff at Fisher Phillips

Domestic violence month october

On August 20, Governor Andrew Cuomo expanded the protections employers must provide to employees who are victims of domestic violence.

The amendment expands protections against discrimination and obligates employers to provide reasonable accommodations for certain conditions of leave.

What do you need to know in order to be in compliance before it becomes effective November 18, 2019?

Employment verification ā€“ a simple audit

August 28th, 2019

David A. Selden, Heidi Nunn-Gilman, Jennifer L. Sellers, Julie A. Pace, Yijee Jeong

The Cavanagh Law Firm P.A.

The following list of questions will provide a snapshot for you to use in determining whether or not you are complying with the employment verification and immigration laws and regulations. 

You should know the answer to every one of these questions. Although a “No” answer does not necessarily mean you are in violation of any laws or regulations, you should understand why the answer is “No.”

Randy Newman, racism and rednecks

August 28th, 2019

Fiona Ong at Shawe Rosenthal

Randy newman rednecks

FIona Ong discusses how a discrimination claim resulted from a manager apparently trying to protect an employee from racism. No good deed goes unpunished?

Maybe the best part is a federal district court used both the Oxford English Dictionary and Randy Newman to define "redneck".

Social media ā€“ hiring, firing and discipline

August 28th, 2019

Frank L. Day, Jr., Jessica Asbridge, Mollie K. Wildmann

Ford & Harrison LLP

The law regarding the use of social media in employment is still in its infancy. 

While there are hundreds, if not thousands, of such sites, it is easiest to think about the employment issues regarding social media in two timeframes

  • Pre-hire screening

The use of social media in the pre-hire screening of applicants for employment is fraught with peril.  It is especially dangerous during the pre-interview stage, though risks continue to linger even thereafter. It is impossible to anticipate every single issue that might arise from using social media during pre-hire screening.  However, the following sections address some of the major concerns.

  • Post-hire

As can be expected, some of the pre-hire implications of using social media will also apply to the post-hire time period. Some of the additional major post-hire issues with using social media in employment decisions are discussed herein.

FMLA ā€“ employer coverage and employee eligibility

August 28th, 2019

Nancy Van der Veer Holt

Ford & Harrison LLP

When determining coverage by the FMLA, there are criteria for both employers and employees.

The following employers are covered by the FMLA:

  • employers that employ 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year
    • All employees, whether part time or full time, and even temporary workers, are included in the count to reach the 50-employee threshold. Volunteers (if not on the employer's payroll) will not count. Employees employed outside the United States, the District of Columbia, or United States territories are also not counted.
    • Employees on a leave of absence or suspension are counted towards the threshold as long as there is a reasonable expectation that the employee will return to work. Laid-off employees are not counted.
  • a successor in interest of a covered employer
  • companies that jointly employ employees
  • any public agency (regardless of the number of employees)
  • public and private elementary and secondary schools (regardless of the number of employees)
  • the United States, the Senate and House of Representatives, and all U.S. agencies
  • state governments (regardless of the number of employees)
  • local governments (regardless of the number of employees)