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Employment Law

Nuke plant operator fined for sleeping guards

02/24/2009

Sleeping on the job isn’t productive, and most employers have rules against it. In some environments, falling asleep on duty is downright dangerous and can result in large fines.

No home specimen collection for Newark P.D. drug tests

02/24/2009

When Newark police department representatives went to an unidentified officer’s home while he was on sick leave to collect a urine sample for drug testing, it upset the police union.

Workers’ comp reform working

02/24/2009

Gov. Jon Corzine’s concerted effort to reform workers’ compensation appears to be bearing fruit. In 2009, benefits will rise to a maximum of $773 per week while employer premiums will fall approximately 1%.

Personal information on work computers: No expectation of privacy

02/24/2009

A New Jersey appeals court has held for the first time that an employee has no reasonable expectation that personal information stored on work computers is private—even if the employee has created a separate password to protect the information. Employers have the right to search work computers.

Forget FMLA absences when rating employee attendance

02/24/2009

Employers aren’t allowed to count absences covered by the FMLA when they discipline employees. That’s why it’s important to segregate any such absences from performance reviews and any discussions about attendance.

When FMLA leave is denied, damages can add up fast

02/24/2009

Here’s a lesson to pass on to managers and supervisors: Employees who win FMLA lawsuits after being denied the right to take leave can end up with a large pot of gold at the end of the litigation—a pot that has to be filled by the company.

Study: Pennsylvania a hotbed for W&H claims

02/24/2009

A recent report offers some ominous news for Pennsylvania employers. Pennsylvania is one of eight states that saw an increase in class-action wage-and-hour cases filed in state court last year, according to the Seyfarth Shaw law firm’s new Workplace Class Action Litigation Report.

Williams-Sonoma sticks fork in Camp Hill call center

02/24/2009

Kitchen supply store Williams-Sonoma closed its Camp Hill call center in January. The company opted to pay its employees 60 days’ wages in lieu of providing the 60-day warning required by the federal WARN Act.

Management company pays big for pregnancy discrimination

02/24/2009

Carole Smith, who worked for property management firm Normandy Properties, sued the company for pregnancy discrimination, and a jury awarded her $600,000 in compensatory damages. Then it assessed the company $1.2 million in punitive damages.

Prepare for the EFCA—even if unions never worried you before

02/24/2009

By now, most employers have heard of the Employee Free Choice Act (EFCA), the proposed legislation that would make it dramatically easier for unions to organize workers and obtain favorable terms in the initial collective-bargaining agreement. Is it time to panic? Of course not, but it is time to take action.