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Employment Law

Understand how whistle-blower laws affect employers, employees

01/27/2010

Whistle-blower statutes are designed to protect employees who report their employers for violating civil regulations or criminal laws. But that can seem like a risky proposition for employees, who may fear that reporting their employer to the authorities could cost them their jobs. That’s why whistle-blower laws exist …

How should we handle mandatory overtime when determining FMLA leave hours?

01/27/2010

Q. Can an employer deduct or count overtime hours from an employee’s FMLA balance? Our employees work overtime only from October through December. During that time, they’re required to work 12-hour days, seven days a week. We have several employees on both continuous FMLA and intermittent leave, and we’d like to deduct the overtime hours they would have worked from their FMLA allotment. What do you think?

What are the notice requirements when moving someone from exempt to nonexempt?

01/27/2010

Q. We’re planning to demote an employee for performance reasons. He’d move from a supervisory job (salaried/exempt) to an hourly job, so we would cut his pay by about $10,000 a year. What kind of notice must we give him regarding the pay cut and exemption status?

OSHA focusing on ergonomic injuries; will require reporting

01/25/2010

The on/off battle over ergonomic injuries is on again … OSHA says it plans to propose a rule requiring employers to report work-related musculoskeletal disorders (WMSDs) in a new column on their Form 300 workplace injury logs. Could this be a first step toward a broader ergonomics standard?

Fair treatment wins when whistle-blower sues

01/25/2010

Sometimes employees believe that reporting potential wrongdoing by their employers or fellow employees means they can’t be punished. In effect, the assumption is that being a whistle-blower gives them a pass and protects them from adverse employment actions, such as termination. That’s simply not true.

Employee passed fitness exam? Put him to work

01/25/2010

Requiring an employee to undergo a fitness-for-duty examination to show he can perform his job doesn’t mean you’re regarding him as disabled or essentially conceding he is disabled. How you handle the exam results is what matters—not that you ordered an exam in the first place. If the exam shows the employee can perform the job, make sure you immediately reinstate him.

Camden settles race bias case for $1.15 million

01/25/2010

Two black deputy fire chiefs have accepted a $1.15 million settlement to end their race discrimination and retaliation lawsuit against the city of Camden and two Camden fire chiefs.

OK to suggest retiring in lieu of getting fired: It’s not age discrimination

01/25/2010

Employees who claim they have experienced age discrimination must prove that age was the reason for an adverse employment action, such as termination or demotion. It’s not enough to show that a supervisor merely referred to the employee’s age. As the following case shows, merely suggesting retirement in lieu of discharge isn’t enough.

Enforce policy to prove you don’t tolerate harassment

01/25/2010

Simply having an anti-harassment policy isn’t enough. Employers have to use it when faced with a violation. When you do, make sure you document what you did to remedy the problem.

Start accommodations process when FMLA expires

01/25/2010

Change your policy now if you automatically terminate employees who use up their FMLA leave and can’t yet to return to work without restrictions. That’s because the New Jersey Law Against Discrimination requires employers to start an interactive accommodations process when they learn an employee may be disabled.