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Employment Law

‘Adios, Regular Guys’; radio show sued for DJs’ harassing antics

12/01/2006

The “all in good fun” argument didn’t pan out for Larry Wachs and Eric Von Haessler, the “Regular Guys” on WKLS-FM 96 Rock morning radio show …

‘Intentional’ harm can trigger separate lawsuit

12/01/2006

Employees injured on the job typically have only one legal remedy: workers’ compensation benefits. But that restriction is blown out of the water if an employee proves that your organization’s actions amounted to “intentional” harm …

Landmark Same-Sex Ruling May Affect Your Benefits Plan

12/01/2006

Your organization may soon need to revamp some of its employee benefits in light of an important ruling Oct. 25 by the New Jersey Supreme Court. The ruling granted committed same-sex couples the same statutory rights and benefits as married heterosexual couples …

Sudden vigilance of company rules can look like retaliation

12/01/2006

When employees sue your organization, it can be tempting for supervisors to keep a closer eye on those litigious employees to make sure they’re “playing by the rules.” But be careful: If you suddenly start enforcing your company’s existing rules or turn into Big Brother, you could end up facing a second lawsuit, for retaliation …

Be able to prove good faith in commission calculations

12/01/2006

If you use a written commission compensation plan as part of your incentive-pay program, make sure you do two things. Otherwise, a court could second-guess your commission calculations …

Beware linking RIF with retirement incentives

12/01/2006

It’s not uncommon during economic downturns for organizations to conduct a RIF and—if the expected savings don’t materialize—to follow up with a retirement-incentive plan. But be aware of one pitfall …

‘Same characteristic’ hiring can limit bias claim

12/01/2006

When it comes to proving discrimination, the first hurdle employees have to jump through is showing that it’s more likely than not that your organization discriminated based on the person’s protected characteristic. But that’s nearly impossible to prove if the replacement employee shares those same characteristics with the fired employee …

What’s an ‘Essential Function’? Consult DOL Manual

12/01/2006

The ADA requires employers to identify the essential functions of all jobs and make reasonable accommodations for disabled employees to perform those tasks. But if you pile too many tasks onto that “essential functions” list, you may court trouble …

State Anti-Bias Law Doesn’t Reach Federal Workers

12/01/2006

Not all New Jersey employers have to worry about complying with state anti-discrimination laws. Specifically, federal employers in the state aren’t subject to the New Jersey Law Against Discrimination. Reason? The federal anti-bias laws (Title VII and the Rehabilitation Act) are the sole remedies for federal employees …

Court Ruling May Ease Threat of Class-Action FLSA Suits

12/01/2006

In recent years, employers have faced an onslaught of Fair Labor Standards Act class-action lawsuits over allegedly unpaid overtime. Now, a second district court in the 3rd Circuit has dismissed combined state and federal overtime class-action lawsuits …