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Employment Law

NJLAD amendment aims to end credit history discrimination

04/27/2009

State Assemblyman Anthony Chiappone has introduced a bill that would amend the New Jersey Law Against Discrimination (NJLAD) to bar employment discrimination based on an applicant’s or employee’s credit history or financial status.

Employers get clarification on family leave tax

04/27/2009

The New Jersey Legislature’s Office of Legislative Services has clarified that the state’s new family leave law isn’t to be funded with taxes on retirees’ pension payments.

N.J. Senate examines possible ‘Senior Labor Task Force’

04/27/2009

The New Jersey Senate Labor Committee has unanimously passed a bill requiring the state to establish a “Senior Labor Task Force” to study, evaluate and make recommendations in four key areas affecting senior citizen employment in New Jersey.

Check your policy! No privilege when e-mailing lawyer from work

04/27/2009

A New Jersey court has held that e-mails employees send to their attorneys via work computers are not protected by the attorney-client privilege. The court’s willingness to rule that an employer’s right to control how employees use its computer equipment trumps attorney-client privilege is significant. The decision makes it clearer than ever that employers should carefully consider the language they use in their employee handbooks.

Remind managers to note disability disclosures

04/22/2009

The ADA protects disabled employees from discrimination, but it’s up to the disabled employee to come forward. Employers can’t be expected to be clairvoyant. Smart employers find a way to track those disclosures. Here’s an example of why that’s important:

Make sure your investigations are thorough

04/22/2009

Employers have great leeway when it comes to discharging employees. But many employers get into trouble by failing to conduct a thorough and fair investigation. If the employee can prove the investigation was so cursory that it was just an excuse to cover up an illegal motivation such as age discrimination, the employer may lose big.

Turnabout is fair pay: EEOC broke overtime law

04/22/2009

An arbitrator has ruled that the EEOC willfully violated the Fair Labor Standards Act by forcing employees to take comp time instead of overtime pay when they worked more than 40 hours a week. The EEOC will be liable for back pay, plus liquidated damages that so far haven’t been determined.

Verizon settles harassment suit filed by Pittsburgh woman

04/22/2009

Lissa Hannan, a Verizon employee in the Pittsburgh area, filed a complaint alleging a male contractor sexually harassed her. The company essentially put her on hold and then hung up. Ten days after she filed her complaint, Verizon fired Hannan. The company ended up agreeing to pay her $37,000 to settle the lawsuit.

Avoid ADA ‘regarded-as’ problems: Don’t mark ‘disabled’ on files

04/22/2009

Employers that “regard” people as disabled and then discriminate by firing them or refusing to hire them in the first place will face lawsuits—even if it turns out those applicants and employees aren’t actually disabled. That’s a key part of the ADA.

Don’t make juries use their imaginations! Tell decision-makers to keep interview notes

04/22/2009

Months or even years after the fact, it can be hard for managers to remember what happened during a job or promotion interview. That can be a problem if they have to recall in court the interview and the decisions that resulted. And that can add up to unconvincing testimony, which can cause juries to doubt their sincerity and honesty—and therefore conclude the organization was discriminating.