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Employment Law

Beware legal risk of raising worker’s title in lieu of pay

09/27/2010
With nervous employers still keeping generous raises on the shelf, more are turning to job title promotions to show appreciation. The risk: “If you start inflating titles, the titles themselves don’t reflect the duties of the position … which can cause difficulty separating exempt and nonexempt employees,” says John Skousen, a partner with Fisher & Phillips.

Congress probes bias at Air Marshal’s Cincy office

09/24/2010
The Cincinnati field office of the Federal Air Marshal Service faces a Congressional inquiry after being named as the defendant in six civil rights lawsuits and 15 EEOC complaints. U.S. Rep. Ed Towns, D-N.Y., and U.S. Sen. Bill Nelson, D-Fla., have called for the investigation.

Bring clear documentation to earn quick dismissal

09/24/2010

When employees file their own lawsuits, judges often bend over backward to help them out. They reason that employees who lack legal expertise deserve a little slack in court. That’s when it becomes crucial for employers to come to court armed with solid evidence that they handled the employee fairly.

Remind bosses: Report all harassment complaints

09/24/2010

Lower-level supervisors sometimes fail to respond to sexual harassment complaints, even if they’re familiar with their company’s policies. Some may consider sexual harassment a less-than-serious problem. Others may simply not want to admit it’s a problem at all. That’s where education comes in. Regularly remind all supervisors that the consequences of ignoring harassment complaints can be serious.

Volunteer fire dept. settles harassment suit for $15,000

09/24/2010

The Clementon Volunteer Fire Department has decided to settle a sexual harassment suit brought by a young woman who has been a volunteer firefighter since childhood. Merrissa Garretson had served with the Camden County department since she was 13, serving first as a youth volunteer and probationary firefighter before being promoted to firefighter at age 18.

NLRB sides with nurses union in six-year-old dispute

09/24/2010
A Brick social services organization committed an unfair labor practice when it began cracking down on nurses who administered medications after the employees joined a union, according to the National Labor Relations Board.

Denied benefits, former detective suspects foul play

09/24/2010

MaryAnne Cosimano thought she would receive lifetime health benefits when she retired from the Union Township Police Department. But shortly after retiring after 25 years as a Union Township dispatcher, police officer and detective, Cosimano learned she wasn’t entitled to the health benefits after all. Now Cosimano is suing the township, alleging gender discrimination and retaliation.

Remind bosses: Ignoring safety may mean direct liability

09/24/2010
Employees who are hurt—or families of those killed on the job—generally must be content with the payments they’re eligible to receive under the New Jersey workers’ compensation law. There is an exception, however. If an employer knows that a safety hazard exists that will injure or kill an employee and harm results, the harmed parties may go after the employer.

Confusing paystubs? Brace for a class-action lawsuit

09/24/2010
Employees may not always understand their paystubs, especially when they work for different pay rates some of the time or when deductions are taken without clear explanations. The confusion may even prompt employees to band together and sue.

You can’t hide behind your vendor! Before relying on tests, be sure they’re valid

09/24/2010

Are you considering using personality or other screening tests to decide which job applicants to hire? If so, make sure you fully understand what you are doing and how those tests work. There are plenty of companies eager to sell you tests and assessments that they say will take some of the work out of the screening processes. But if those tests aren’t valid and end up screening out members of a protected class, you may be buying more than a test.