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Recent Articles from Frank A. Cania
HR Connection: Another fine mess they’ve gotten us into
If you’ve had children home with you for a few weeks, I’m guessing you’ve heard, “that’s not fair!” a time or two. When our kids were young, and feeling the world was being unfair to them, I would explain, “Life is never fair, it’s just more obvious when you can’t have something you want.” (Right. […]
HR Connection: HR compliance is easy and cheap, said nobody ever
I have an idea. Four simple words that have been known to immediately send a current of trepidation through my wife’s entire body. However, in this case, everything turned out fine. The idea? Ask some of my clients if I could use their recent questions for the basis of this article. As luck would have […]
HR Connection: Is a new FLSA overtime rule finally in the homestretch?
As a child, I would watch my uncle Larry with fascination as he studied the Daily Racing Form. This iconic publication — founded in 1894 and still in existence today — boasts of “125 years of horse racing news and handicapping analysis.” For those, like my uncle, who believed that correctly predicting which of “the […]
HR Connection: NYS raises the stakes and lowers the bar on harassment laws…again!
Our family has a running joke about my wife’s intuitive powers. For example, when I said I ran into an old friend we hadn’t heard from in several months, she said, “Wow, I was just thinking about her yesterday!” Unfortunately, she rarely says anything before I tell her something happened, so there’s no proof of […]
HR Connection: Is your training preventing sexual harassment or making it worse?
As a citizen, business owner and HR professional, I’ve taken a strong interest and active role in state and federal legislative advocacy for more than two decades. I’ve had the great fortune to meet, and discuss regulatory issues with, dozens of legislators and their staffs (as well as the unfortunate experience of being loudly chastised […]
HR Connection: FLSA overtime rule is déjà vu all over again
As I have each March for more than a decade, I again attended the annual Employment Law and Legislative Conference (ELLC) organized by the Society for Human Resource Management (SHRM), in Washington, DC. I’ve long equated it to summer camp for employment law geeks like me. It’s a chance to leave behind the daily responsibilities […]
HR Connection: The correct answer first requires asking the right question
Apparently, my ability to identify potential issues or problems in situations that most people wouldn’t recognize is one reason for my wife and daughter’s repeated use of a “SMH” (shaking my head) emoji when they text me. While they may find this skill irritating, it’s an extremely useful occupational hazard. Recently, while reviewing a client’s […]
HR Connection: A new lesson in ADA compliance
Something that I believe sets me apart from others in the HR consulting arena is my ability to relate to the business challenges my clients face. In addition to the HR and regulatory compliance challenges, I know the difficulties of managing everything from accounting, insurance, payroll, taxes, marketing, websites, sales and so much more. I […]
HR Connection: Has the Third Circuit redefined “reasonable?”
As 2019 begins to unfurl, I find myself wondering what the “hot” issues will be for my clients. I’m confident #MeToo will continue to impact both the reporting of sexual harassment as well as the ways in which employers address allegations of sexual misconduct by employees. I’m also wondering what, if any, impact the Third […]
HR Connection: Can Faragher-Ellerth survive the #MeToo movement?
After a brief absence from this column to launch a new HR consulting firm, I find myself once again wading into the potentially dangerous waters of the #MeToo movement. Dangerous for me because: 1) I’m a middle-aged man, and 2) even more damning, I’m a middle-aged man. While I’ve researched the topic extensively, investigated several […]
HR Connection: Changing employee behavior regarding sexual harassment
My father was known for his colorful sayings (many of which would be inappropriate to repeat today), so I can’t help but think of him when a situation needs a little extra emphasis. Based on the number of calls and email I’ve received recently, a “Sammyism” is needed. On Aug. 23, 2018, New York State […]
HR Connection: A must-read book…part 2
Let’s think about what’s happened since my last article, “A must-read book with sex, drugs and some unexpected twists.” Summer has officially started, the school year is over and you may have even gone on vacation. If you’ve found your employee handbook, blowing the dust off the cover, and started reviewing it, awesome! If not, […]
Case Digests
- Second Circuit – RICO: Horn v. Medical Marijuana Inc.
- NYS Advisory Committee on Judicial Ethics – Uncompensated interview: Opinion 22-159
- NYS Advisory Committee on Judicial Ethics – Uncompensated guest speaker: Opinion 22-158
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
Law News
- Murder conviction affirmed despite trial judge error
- NY appeals court upholds conviction in burglary case
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
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