Blogs

 

04.03.2014

The National Labor Relations Board (NLRB) has once again, as in 2011, proposed regulations to (1) reduce the time between a proposed union’s petition to form and the election on formation from approximately 31 days to approximately 10 days; (2) make the position statement rules stricter; and (3) require employers to disclose employee contact information to proposed unions.

03.26.2014

The Equal Employment Opportunity Commission (EEOC) reports that claims of religious discrimination are on the rise, more than double in fiscal 2013 than in fiscal 1997.  The claims predominantly involve religious grooming and garb, and employers must reasonably accommodate those religious preferences of applicants and employees unless the employer can show undue hardship to the business. The EEOC recently issued guidance on these issues, noting that undue hardship must be “more than [a] de minimis” cost or burden to the business operation. 

03.17.2014

New York lawmakers are at it again, as the Women's Equality Agenda passed in the Assembly January 27, reviving a fight over abortion laws that derailed the law last year.

03.06.2014

Many employers, understandably, have become so frustrated with the number of laws and regulations they must follow that they now assume they must grant every employee request.  This tendency has been especially prevalent when discussing the Americans with Disabilities Act (ADA) and its counterpart included within the New York State Human Rights Law (NYSHRL), as those statutes have indeed been interpreted to give employees broad rights, especially in terms of what is included as a disability under them.  However, the most basic requirement of the ADA and NYSHRL is merely a procedural one: e

02.24.2014

A friend called recently wanting to know whether his employer could record phone calls on its business line without its employees’ knowledge.  The scenario is this:  the employer had a recording for incoming callers that announced that “calls may be recorded for quality assurance.”   However, the employees were not aware that their calls were being recorded. 

02.13.2014

Under the American with Disabilities Act (ADA), and it's counterpart under the New York State Human Rights Law (HRL), employers are obligated to engage in an interactive process with employees who request a reasonable accommodation in order to perform their jobs because of a disability.  Because the HRL applies to employers who have four or more employees, this interactive process requirement applies to most New York employers. 

02.04.2014

Please join us at the Society for Human Resource Management - Genesee Valley Chapter's 2014 Annual Legal Update being held Tuesday, February 11, 2014.  Paul Keneally and Jennifer Shoemaker are among the presenters sharing the latest information about HR and legal issues affecting businesses today.  Paul will be discussing current Labor & Employment Hot Topics, and Jennifer will be providing a Legislative Update.

01.28.2014

Earlier this month, Governor Cuomo announced executive action to allow limited access to medical marijuana under the supervision of healthcare providers for New Yorkers with serious medical conditions.  This measure is far more restrictive than similar laws in other states and falls well short of full legalization of medical marijuana.  Furthermore, it is too soon to predict when the infrastructure will be in place to provide medical marijuana to eligible patients and when the substance will actually be available.  Nevertheless, now is clearly the time for New York employers to consider ho

01.21.2014

The United States Court of Appeals for the Second Circuit recently decided that Starbucks baristas must share their tips with shift supervisors who do much of the same work.  A group of plaintiffs sued on behalf of a class of more than 5000 baristas, alleging that Starbucks’ policy requiring them to share their tips with shift supervisors violated New York State Labor Law.  The Court found that under New York Labor Law, “employer-mandated tip splitting should be limited to employees who, like waiters and busboys, are ordinarily engaged in personal customer service, a rule that comports wit

01.14.2014

An Administrative Law Judge (ALJ) for the National Labor Relations Board (NLRB) recently ruled that a college’s employment policy prohibiting “gossip” in the workplace ran afoul of the protected speech provisions of the National Labor Relations Act, and therefore the termination of an employee under that policy was unlawful.

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