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Employment Law

Use unemployment comp decision to defend a bias lawsuit

01/01/2007

Here’s another good reason to aggressively contest unemployment compensation claims when you have strong evidence that the company fired the employee for a good cause (such as lying or stealing): You can use an unemployment compensation ruling to prove, in a later discrimination lawsuit, that you fired an employee for a valid, nondiscriminatory reason …

You Needn’t Accommodate Some ‘Serious’ Ailments

01/01/2007

While the ADA says organizations must provide reasonable accommodations to people with qualifying disabilities, be aware that many apparently serious conditions aren’t limiting enough to be considered disabilities …

Advocates push for equal rights for illegal alien workers in N.J.

01/01/2007

The ACLU, AFL-CIO and other groups have filed a petition accusing the United States, New Jersey and several other state governments of human rights violations by refusing to grant equal rights to illegal immigrant workers …

‘Continuing violation’ rule allows worker to file bias claims years late

01/01/2007

Employers may think they’re off the hook if an employee doesn’t file a legal complaint on time. But filing requirements can sometimes be stretched, as a recent federal district court ruling shows …

Harassed for going to Iraq: Margate officer wins lawsuit

01/01/2007

A police officer recently won a harassment lawsuit against the city of Margate for the city’s response when the U.S. Army Reserve called him to active duty …

Restaurant in Wayne accused of labor and wage violations

01/01/2007

Three former employees at a Chinese restaurant in Wayne filed a complaint with the National Labor Relations Board (NLRB) alleging unfair labor practices …

Same-Sex Unions in N.J.: Responsibilities and Restrictions of the New Law

01/01/2007

Same-sex unions are now a reality in New Jersey, and employers will have to change the way they deal with employees as a result. It’s too early to tell exactly what steps employers will need to take, but it’s important to understand what led to the decision and legislation …

New Class-Action Suits Show Need to Track Hours Closely

01/01/2007

In light of a slew of recent wage-and-hour lawsuits against big companies like Wal-Mart and UPS, now’s a good time to review how you track the hours worked by employees. Reason: Following the Wal-Mart lawsuit lead, clever lawyers now seek out one or two unhappy employees who want to start a class-action case under the Fair Labor Standards Act …

To prevent promotion bias, seek co-workers’ input

01/01/2007

Sometimes, all the candidates for a promotion are equally qualified, making the selection difficult. It becomes a legally prickly issue when one or more of the candidates is in a protected category (race, age, gender, etc.). But you don’t have to resort to drawing straws …

Job hazard may trigger workers’ comp years later

01/01/2007

When it comes to workplace hazards, take note: Georgia employees have a very long time to file for workers’ comp benefits. As a result, you should keep meticulous records for many years on where and when employees worked …