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Employment Law

On tap in Trenton: NJLAD could ban autism bias

01/06/2010

People with autism would be among those protected by the NJLAD if measures introduced in the state Assembly and Senate pass. The bills would make it illegal to discriminate in employment because a person has autism. New Jersey has the highest incidence of autism in the country with one out of every 94 children showing some symptoms of the condition.

Required by law or not, make harassment training mandatory

01/06/2010

Although California, Connecticut and Maine are the only states with laws requiring workplace harassment training for supervisors, employers in other states have followed their lead in an effort to reduce liability for ill-informed behavior of employees, decrease the cost of litigating complaints of harassment and create a more hospitable work environment.

Fashion tip: Don’t overdo grooming and dress standards

01/05/2010

If you have a strict grooming policy or are considering implementing one, make sure you first understand what you can and cannot require employees to wear or what grooming standards you can legally enforce. Employees can and do sue when their employers try to impose rules that interfere with religious beliefs, reflect sexual stereotypes or are simply demeaning.

Closing early due to snow: Must we pay for full day?

01/05/2010

Q. During inclement weather, we sometimes close the office early and send employees home. Do we have to pay them for the whole day?

FMLA ‘stress leave’: When must you allow it?

01/05/2010

Employees often claim their jobs stress them out. And for some, it’s so bad they feel they need to take off work to cope. That doesn’t mean, however, that employees are automatically entitled to use FMLA leave for stress. When does stress rise to the level of a "serious health condition" covered by the FMLA?

2009 in labor and employment law, from A to Z

01/05/2010

Our friends at the law firm of Fisher & Phillips LLP recently published this entertaining look at the employment law year that was. From A (the American Recovery and Reinvestment Act) to Z (zealously), 2009 was a busy year for those who track employment law trends.

Employee stressed out by possible discipline? That’s no reason to halt the process

01/05/2010

Go figure: Some employees get stressed out when they suspect they’re facing serious discipline or even termination. That understandable anxiety doesn’t mean you have to stop the disciplinary process. Unless the employee asks for FMLA leave or otherwise gives you enough information to indicate that she has a serious health condition—and not just nerves—you can go ahead with your investigation.

Do you need a policy barring workers from forwarding e-mails to personal accounts?

01/04/2010

By now, you should have an electronic communications policy and know to block computer access to newly terminated employees. But it’s also wise to prohibit current employees from forwarding e-mails from the company computer to their personal e-mail accounts outside the company.

Discovered poor work while employee was on military leave? Go ahead and discipline

01/04/2010

Employees returning from military service are entitled to come back to their old jobs, and they have other limited job protections, too. But those protections don’t mean employers can never discipline or demote employees who have been serving in the armed forces. Just make sure you’re doing so for legitimate business reasons, such as documented poor performance.

9th Circuit chief judge escapes porn-at-work punishment

01/04/2010

The Judicial Council of the 3rd Circuit recently released its opinion dismissing a porn-related misconduct case against 9th Circuit Court of Appeals Chief Judge Alex Kozinski. The complaint, brought by a court administrator, accused Kozinski and two other judges of disabling the court’s Internet filters to download illegal pornography and pirated music without being detected.