• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Congress considers legislation mandating paid sick leave

06/26/2009

Millions of employees would be eligible for seven days of paid sick leave annually if the Healthy Families Act, recently introduced in Congress, becomes law. A coalition of HR and business groups vowed to fight the bill, saying it would “force companies to increase layoffs, reduce wages and cut important employee benefits.”

Know the limits of employee free speech—no need to tolerate out-of-line protests

06/26/2009

Employees have the right to voice concerns and complaints about perceived workplace discrimination. But employers have rights, too. Employees don’t have the right to communicate their concerns in ways that are disruptive, insubordinate or that otherwise violate reasonable company policies. You can punish employees who don’t play by the rules.

Public employees and ‘advocacy’ speech: It’s not protected if it’s part of the job

06/26/2009

Public employers can’t punish employees for speaking out on matters of public importance. That doesn’t mean, however, that whatever an employee says is protected. One big exception involves speech when part of the employee’s job is to speak up about the topic. That’s not protected speech.

Easy come, easy go: Political appointees have little room to blame firings on bias

06/26/2009

In a pair of 3rd Circuit Court of Appeals cases, the court has made it clear that it has little tolerance for political appointees who clearly understand they serve at the pleasure of their elected officials and still sue when they are terminated, alleging some form of discrimination.

Emotional distress claims are workers’ comp issues

06/26/2009

A court has ruled that employees who file harassment and discrimination lawsuits can’t tack on charges of negligent infliction of emotional distress. Instead, the court said emotional damage claims allegedly caused by negligence are the sole province of the New Jersey workers’ compensation system.

Poor review not grounds for FMLA retaliation suit

06/26/2009

All by itself, a negative performance review after an employee has taken FMLA leave doesn’t give the employee a reason to file a lawsuit. Unless the poor review is accompanied by something tangible—like a demotion or the loss of a pay increase—courts won’t see the review as retaliation.

Duane Reade settles sex harassment lawsuit

06/26/2009

Duane Reade, the New York/New Jersey drug store chain, has agreed to settle an EEOC lawsuit alleging that it allowed the work environment at one of its New York stores to become hostile by subjecting several female employees to sex and pregnancy discrimination.

Court: Online gripe about work conditions isn’t defamation

06/26/2009

After the Record of Hackensack interviewed Ed Doherty, president of Doherty Enterprises, which owns about 80 Applebee’s restaurants in New Jersey, New York and Pennsylvania, the paper posted the article online. The paper quoted Doherty as saying he treats employees “with dignity and respect” … and that’s where the trouble began.

Court finds NJLAD age discrimination loophole

06/26/2009

The New Jersey Law Against Discrimination makes age discrimination illegal, but it also says “nothing herein shall be construed to bar an employer from refusing to accept for employment or to promote any person over 70 years of age.” Now a court has decided that exception doesn’t apply to continuing employment.

Exonerated, gone anyway: You can independently assess misconduct

06/26/2009

A New Jersey appeals court has upheld the termination of an employee even though a government agency cleared him of the alleged misconduct that led to his dismissal. That means employers still have the right to make their own decisions about conduct and what they believe happened.