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Employment Law

Make sure bosses tell employees how to report harassment

07/01/2008
Have your supervisors and managers kept up with the changes by regularly reminding all employees—new and old—how they can report alleged sexual harassment? If not, you need to set up a training schedule. It’s the best way to ensure no employee will come out of left field with a sexual harassment complaint, take it to court—and win …

Balance ADA rights when worker returns from FMLA leave

07/01/2008
An employee who takes FMLA leave is entitled to return to her former job when she recovers. But what if she still needs more time to fully recover and can’t do her old job? Can you refuse to reinstate the employee? Before leaping from that litigation-prone ledge, consider whether the employee may be covered by the ADA …

Be nice to that ex-Employee who sued! He might come back

07/01/2008
When an employee who was fired or didn’t get a promotion sues, it’s easy to get angry—especially if you don’t believe you or your organization’s supervisors did anything wrong. But that’s a mistake. The better approach is to remain cordial and civil. Here’s why …

You may not even see EEOC complaint until lawsuit hits

07/01/2008
In a new twist on an already complicated HR world, an employer now may find itself served with a federal discrimination lawsuit without any inkling that a case was even brewing. Ordinarily, the employer gets a copy of the employee’s EEOC complaint before anything else happens. But what happens if the EEOC doesn’t let you know about the complaint and the employee goes to court? …

Don’t delay paying overtime for workers on temp assignments

07/01/2008
Sometimes, employers send employees away on temporary assignments. Often, that means long hours in strange locations and less communication between employees and the home office. That doesn’t mean, however, that you can delay paying legitimate wages—such as overtime—if the employee isn’t exempt …

Former worker never should have been hired? You’re not off the hook for discrimination

07/01/2008
Let’s say you learn that a former employee misled you during the hiring process, failing to reveal something so serious that—had you known—would have prevented you from making a job offer in the first place. Now your former employee is suing you for discrimination. Does the new information that came your way kill the lawsuit? …

Public employers, take note: Appeals court rules on firefighter/Paramedic exemption

07/01/2008
The 3rd Circuit Court of Appeals, which has jurisdiction over New Jersey employers, has finally ruled on a sticky point that has perplexed many fire departments. The court has concluded that paramedics who also have firefighting responsibilities can be paid less than time-and-a-half for overtime under the Fair Labor Standards Act …

Orange mayor faces prison time after pleading guilty to accepting kickbacks

07/01/2008
Mims Hackett, Jr., who served simultaneously as state assemblyman and mayor of Orange, has pleaded guilty to attempted extortion in federal court. Hackett admitted he accepted a $5,000 bribe in August 2007 from someone he thought was an insurance broker seeking help in getting more city business …

Bad behavior was the kiss of death for Passaic employee

07/01/2008
Janice Keels joined the Passaic municipal payroll as a judiciary clerk in 1999. Almost immediately, her supervisor noted that she had poor interpersonal skills. For example, Keels complained in May 2000 about a co-worker, saying she would hit her if she had to, and repeating, “I’ll hit her” …

Prepare now for Paid Family Leave Act, taking effect in 2009

07/01/2008
On May 2, 2008, Gov. Jon Corzine signed the Paid Family Leave Act (PFLA), making New Jersey the third state to provide workers with paid family-leave benefits. The PFLA takes effect on January 1, 2009, when employees will begin contributing to the fund …