New York Employers

Workplace Investigations: Why Get a Written Report

September 7, 2023Connecticut Employers, Employee Relations, Harassment/Discrimination, New Jersey Employers, New York City Employers, New York Employers, Workplace Investigations

One of the thorny process questions that eventually arises in any workplace investigation is whether and how to memorialize the findings and conclusions from the investigation. Is it sufficient just to save the notes from the investigation intervi... Read More..

National Panel Recommends EEOC Collect Even More Employee Data as Solution to Inadequacies of Past Pay Data Collection

September 6, 2022Connecticut Employers, Harassment/Discrimination, HR Policies, New Jersey Employers, New York City Employers, New York Employers

In 2017 and 2018, employers with 100 or more employees were required to participate in what was effectively a grand experiment. In addition to filing an annual EEO-1 form with the Equal Employment Opportunity Commission (EEOC), which collects cer... Read More..

Unlimited Time Off Presents Hidden Challenges for Employers

August 29, 2022Connecticut Employers, Employee Relations, Employer Notice Requirements, HR Policies, New Jersey Employers, New York City Employers, New York Employers, Paid Leave Time, Sick and Safe Leave, Wage and Hour Laws

I have increasingly been fielding inquiries from organizations that are looking to implement some version of unlimited time off for their employees. They saw that employees continued to be productive while working remotely during the pandemic, and... Read More..

Employer’s Enforcement of Social Media Policies May Turn on State Law

August 16, 2022Connecticut Employers, Employee Relations, Harassment/Discrimination, HR Policies, New Jersey Employers, New York Employers, Tri-State Employers

Can you discipline or even fire an employee for postings on a personal social media account that convey a message inconsistent with the values of the organization? The answer may depend on geography. State borders affect employees’ workplace r... Read More..

Workplace Investigations: Video vs. In-Person Interviews

August 4, 2022Connecticut Employers, COVID-19, Employee Relations, New Jersey Employers, New York City Employers, New York Employers, Tri-State Employers, Workplace Investigations

Prior to the pandemic, in-person interviews were generally considered the preferred method of conducting workplace investigations. They allowed the investigator to build rapport with the interviewee, the investigator could observe behaviors by the... Read More..

3 Key Considerations Under GINA – the Federal Law You May Have Overlooked

August 1, 2022Connecticut Employers, COVID-19, Employee Relations, Harassment/Discrimination, HR Policies, New Jersey Employers, New York City Employers, New York Employers

The Genetic Information Nondiscrimination Act (GINA) may be the sleepiest of the federal EEO laws, the one that many employers have never heard of or have entirely forgotten. It prohibits employers from collecting genetic information from employe... Read More..

Workplace Investigations: When Should You Consider Retaining an Outside Investigator

July 21, 2022Connecticut Employers, Employee Relations, Harassment/Discrimination, New Jersey Employers, New York City Employers, New York Employers, Tri-State Employers, Workplace Investigations

Increasingly, organizations are conducting workplace investigations in response to employee concerns – both those raised formally to human resources or through a written complaint or attorney demand letter, and those raised informally in a convers... Read More..

EEOC Removes Employers’ Blanket Authorization to Test Employees for COVID-19

July 18, 2022Connecticut Employers, COVID-19, Employee Relations, HR Policies, New Jersey Employers, New York City Employers, New York Employers, Tri-State Employers

Responding to the evolution of the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) has concluded that we are past the emergency stage when it was always considered appropriate for employers to require screening tests of emplo... Read More..

Maximize Your Talent Pool: 3 Ways to Ensure Your AI Is Not Screening Out Qualified Job Candidates with Disabilities

July 11, 2022Connecticut Employers, Harassment/Discrimination, HR Policies, New Jersey Employers, New York Employers, Tri-State Employers

My son has been applying for hourly, entry-level summer jobs. Through his process, I am seeing first-hand, from the applicant’s perspective, the varying ways in which software, algorithms and artificial intelligence now predominate the job applica... Read More..