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Employment Law

Patience key when you think worker won’t return from FMLA

01/27/2009

Employers can terminate an employee on FMLA leave if it becomes clear she will not return. But get this one wrong and you may end up in court. A better approach: Wait to do the firing.

Understand NJLAD’s broad definition of ‘handicapped’

01/27/2009

Don’t make the mistake of assuming that someone who isn’t disabled under the ADA also isn’t disabled under the New Jersey Law Against Discrimination. The fact is, the NJLAD is far more generous in its definition.

Court: Discord from co-workers, bosses isn’t retaliation

01/27/2009

Galloway Police Department Officer Robert Bauer filed a lawsuit claiming co-workers retaliated against him for refusing to engage in what he considered unethical acts. A lower court dismissed his suit, and now an appeals court has upheld the dismissal.

Gear up for New Jersey’s new paid family leave law

01/27/2009

By now, you have started withholding 0.09% of your employees’ pay, up to a total of $26.01 for the year, for New Jersey’s new Paid Family Leave Insurance program.

Former Gloucester police chief jailed for theft from MADD

01/27/2009

Frank Winters, former police chief in Gloucester County, has been sentenced to seven years in jail for stealing money from Mothers Against Drunk Drivers (MADD).

Bridgewater P.D. must defend against 2 employee lawsuits

01/27/2009

A former police dispatcher in Bridgewater has sued, alleging that she was demoted when she asked for an accommodation for a disability.

Download the new FMLA poster, certification forms

01/27/2009

The new FMLA regulations that took effect Jan. 16 require you to post the newly updated FMLA poster in your workplace. Advice: Ignore ads from vendors selling the posters. Download them free …

Class actions exploded in ’08, employers continue to pay the price

01/27/2009

Employment law class-action litigation is growing at an explosive rate, and the economic meltdown will probably fuel even more lawsuits in 2009. So says a recent report that also predicts far greater financial exposure for employers that must defend their employment policies in court. Here are the gory details.

High court clears way for more retaliation suits

01/27/2009

On Jan. 26, the U.S. Supreme Court unanimously ruled that Title VII protects from retaliation employees who cooperate with employers’ internal harassment investigations. Some attorneys worry the decision will open the litigation floodgates for employees who believe they have suffered retaliation.

The Obama years: 4 predictions for employment law circa 2012

01/21/2009

President Obama has put forth a significant employment and labor agenda. If he and the Democratic-controlled Congress succeed in passing proposed legislation, the next several years will see the creation of new protected classes, more family leave rights and the re-emergence of labor unions.