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Employment Law

Beware individual liability under FMLA and CEPA

05/27/2009

Here’s another reason for managers and supervisors to pay attention during FMLA and Conscientious Employee Protection Act (CEPA) training. If they make a mistake, they may be personally liable under both laws.

Win harassment claims by keeping good records

05/27/2009

Employers that have anti-harassment policies and clearly communicate them already have a leg up. But the real winners are employers that also carefully track every harassment complaint. They increase their odds of winning harassment cases because they can show whether an employee complained about behavior when it happened.

After 8 years, $1 million ends harassment suit

05/27/2009

The town of Morristown has settled a long-running sexual harassment case for just under $1 million. The case involved IT specialist Ann Marie Spagnola, who alleged her boss, Eric Maurer, subjected her to sexual harassment by exposing her to sexually explicit materials.

N.J. troopers challenge mandatory retirement policy

05/27/2009

Challenging the state’s mandatory retirement policy, 120 New Jersey state troopers have filed a class-action suit. Under current state law, state troopers must retire at age 55.

Verizon job description didn’t include punching people

05/27/2009

A New Jersey Superior Court has ruled Mohalee Cowherd was not acting in his capacity as a Verizon employee when he got out of his company car, followed Ronal Cartlidge into a restaurant and punched him in the face.

A deal’s a deal: Good settlements prevent subsequent litigation

05/27/2009

Relatively few lawsuits—including discrimination and employment-related cases—are actually tried in a courtroom. In most cases, the parties reach a private settlement. But what happens if the parties reach a settlement and the employer holds up its end of the bargain, only to have the employee have second thoughts and bring another lawsuit?

Evaluate work before switching to full time

05/27/2009

Some part-timers naturally want to move up to a full-time position. But when they apply and aren’t selected, they may claim they were turned down because of some form of discrimination—even if the real reason was that they weren’t performing well in their part-time roles.

Remember, you have to prove exempt status

05/27/2009

Too many employers assume they can just classify employees as FLSA exempt without being challenged. The truth is quite different. In fact, many overtime labor law cases are filed when an employer fires an employee for entirely legitimate reasons.

Train managers: Watch out for language that could be construed as derogatory

05/27/2009

Sometimes, people don’t realize the language they are using may be offensive to members of a protected class. That can happen when a term has been in use for decades or even centuries and has become separated from its original meaning or context. Consider a recent case involving usage of the term “tar baby.”

Carefully track all training to ensure all employees have equal access

05/27/2009

Employees are entitled to a workplace free of discrimination. That includes having equal access to training. For example, favoring some employees for training opportunities at the expense of other employees who belong to a protected class may cause a discrimination lawsuit.