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Employment Law

Don’t sweat EEOC complaint after discipline if you can prove process was fair

02/24/2009

It’s a fact that employees who think they are in trouble will look for ways to avoid termination—or profit from it. So it should come as no surprise if an employee files an EEOC discrimination complaint after you discipline him and warn that he may soon be terminated.

Do you use an arbitration clause? Make sure you can prove employees agreed

02/24/2009

Employers that use arbitration clauses can often get lawsuits sent to an arbitrator for faster and less expensive resolution—but only if they are prepared to prove that their employees agreed to arbitration.

Applicant injured after passing medical exam? Demand another

02/24/2009

It’s common to make a job offer contingent on the applicant passing a job-related medical examination. But what happens if the applicant passes the exam and then becomes ill or injured before starting work? In those cases, the employer can demand another exam or more information.

Ledbetter Fair Pay Act may apply to pending cases, too

02/24/2009

The recently signed Lilly Ledbetter Fair Pay Act may apply to pay discrimination cases that were filed before the law was signed and after the U.S. Supreme Court ruled in 2007 that employees have just 300 days to file pay claims after the initial alleged discriminatory decision.

Study cites N.J. as a hotbed of wage-and-hour claims

02/24/2009

A recent report offers some ominous news for New Jersey employers. New Jersey is one of eight states that saw an increase in class-action wage-and-hour cases filed in state court last year. Advice: Brace yourself for even more wage-and-hour litigation. Such cases typically increase during economic downturns …

Nuke plant operator fined for sleeping guards

02/24/2009

Sleeping on the job isn’t productive, and most employers have rules against it. In some environments, falling asleep on duty is downright dangerous and can result in large fines.

No home specimen collection for Newark P.D. drug tests

02/24/2009

When Newark police department representatives went to an unidentified officer’s home while he was on sick leave to collect a urine sample for drug testing, it upset the police union.

Workers’ comp reform working

02/24/2009

Gov. Jon Corzine’s concerted effort to reform workers’ compensation appears to be bearing fruit. In 2009, benefits will rise to a maximum of $773 per week while employer premiums will fall approximately 1%.

Personal information on work computers: No expectation of privacy

02/24/2009

A New Jersey appeals court has held for the first time that an employee has no reasonable expectation that personal information stored on work computers is private—even if the employee has created a separate password to protect the information. Employers have the right to search work computers.

Forget FMLA absences when rating employee attendance

02/24/2009

Employers aren’t allowed to count absences covered by the FMLA when they discipline employees. That’s why it’s important to segregate any such absences from performance reviews and any discussions about attendance.