Employment Archives - Page 3 of 4 - Neufeld O'Leary & Giusto

Do You Have to Pay Interns in New York?

Internships are widely considered to be beneficial for students, even if they are unpaid. They are supposed to provide practical experience and insight into how the student’s education is applied in a work setting. However, just because a student agrees to an unpaid internship, this does not mean that the employer automatically avoids liability under … Read more

When Can Punitive Damages Be Recovered in Discrimination Cases?

Companies and employees dealing with a possible discrimination claim should be aware of a recent decision by the New York Court of Appeals regarding liability for punitive damages. Often plaintiffs seek punitive damages in an employment discrimination case. However, with respect to claims under the New York City Human Rights Law, it wasn’t clear what … Read more

Suing Corporate Officers and Employees Personally for Misconduct

Typically, officers and employees of corporations or limited liability companies are not personally liable for acts taken in a corporate capacity. However, there are important exceptions. As discussed in a previous post, when a corporate entity fails to follow corporate formalities and its shareholders mingle personal and corporate funds, the shareholders may be personally liable … Read more

Out with the Old (I-9 Employment Eligibility Verification Form) and in with the New

Employers should be aware of recent changes to the I-9 Employment Eligibility Verification form, which all employers must use. Since November 1986, when Congress passed the Immigration Reform and Control Act (the “IRCA”), employers have been required to verify the identity and employment eligibility of prospective employees prior to hiring. The IRCA prohibits employers from … Read more

Appellate Court finds post-operative treatments fall under Family Medical Leave Act

Evaluating medical conditions for purposes of Family Medical Leave Act (FMLA) claims can be challenging for employers especially as new court decisions continually reinterpret employer obligations. FMLA is a federal statute, which applies to employers with 50 or more employees.

Latest Discrimination Rules in NY Mean More Risks for Employers

Companies with NY employees need to be aware of two recent legal developments which impose new liability under discrimination rules. There are already an array of different federal, state and local statutes which protect employees (and potential employees) from discrimination on many grounds, including sex, race, disability, and even felony conviction status. These rules impact not only New York based companies, but also out-of-state businesses that require New York employers to follow their employment practices.

Risks of Personal Use of a Work Email Address

In our busy lives it’s not uncommon for many employees to send personal emails from their business email account. However, there can be unintended repercussions for both employers and employee in a litigation setting. New York law establishes a variety of “privileges,” which protect parties from being compelled to disclose certain broad categories of communications. Those privileges can be easily lost because of an employer’s email policy, thereby allowing an opposing party to get such emails as evidence.

Why There Is No Equal Pay between Men’s and Women’s Basketball Coaches

Both Equal Pay Day and the NCAA women’s and men’s basketball championship games occurred last week. With the popularity of the tournaments, questions have been raised by the media and public about the differences in coach salaries. Within the last six months, the University of Connecticut (“UCONN”) extended the contracts of both of its basketball head coaches — Kevin Ollie and Geno Auriemma. Ollie, as the men’s team coach has had one national championship during his tenure; while Auriemma, the women’s coach, has won 11 national titles. Despite Auriemma’s impressive record, Ollie received a more lucrative package from UCONN, which is typical in the sports world.

Changes to Employer Responsibilities under the Family Medical Leave Act

Employers should be aware of a recent court decision regarding their responsibilities in considering an employee’s request for a medical leave under the Family Medical Leave Act (FMLA). FMLA is a federal statute, which applies to employers with 50 or more employees. It requires an employer to provide “qualified employees” with up to 12 weeks of leave in a year for family or personal medical circumstances. The court case which was just decided clarified who is responsible for determining whether an employee is eligible for FMLA and what steps employers have to take before they make a decision about eligibility.

When your employees’ statements can be held against you in court

Business owners may not realize that statements by their employees could be used as evidence against the business in litigation. An adversary seeking to introduce evidence of an employees’ statements does not even have to subpoena the employee to testify in court. Instead, the employees’ statements may be admissible hearsay under the rules of evidence. Although this is currently only allowed in limited circumstances, New York State is considering making the rule broader, which could have a significant impact on businesses.

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