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November 2017 Archives

How to pay workers when the weather is bad

New York residents tend to celebrate the holidays with food and family. However, they may also celebrate with a fresh coat of snow on the ground. In some cases, the snow makes it impossible to operate a business. If an employer decides to close because of bad weather, exempt employees are generally still entitled to compensation. This is because the employer has chosen to keep workers away despite their willingness to work.

Changes may be coming to tipped pooling rules

In October 2017, the Department of Labor created a proposal that would rescind a 2011 rule related to tip pooling. That rule forbids employers in New York and other parts of the country from forcing workers who aren't paid minimum wage from sharing tips with those who typically don't receive them. The proposal from the DOL would not require employers to abide by this rule if they pay tipped workers the minimum wage.

Bad interviews and discrimination lawsuits

Employers in New York are usually quite aware of anti-discrimination laws. In response, workplace management often establishes procedures that can prevent bias from taking place during hiring, advancement and retention practices. In some cases, however, an applicant or employee may still perceive an injustice and file a lawsuit or complaint against the employer.

The FLSA and how it applies to public and private employers

In New York, both public and private employers are covered by the Fair Labor Standards Act. There are differences between how the law applies, however. It is important for employers to understand the rules for their particular types of businesses so that they can avoid potential liability.

How employers can guard against charges of bias

Employers in New York and across the United States are prevented by federal law from discriminating against employees on the basis of race, sex, age, religion and some other factors. However, some employers may engage in perfectly legal behavior that could be perceived as discrimination. Companies can protect themselves against unfair charges of discrimination by taking certain precautions.

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