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Employment Law

‘Best Places to Work’ firm says state wants it shut down

12/01/2007

Bucks County contracting firm Worth & Co. says the Pennsylvania Department of Labor & Industry (L&I) has charged it with wage violations in an attempt to shut the company down because it is a nonunion shop. Worth won Pennsylvania’s “Best Places to Work Award” five years running, thanks to nominations from its employees …

Workplace genetic testing raises discrimination concerns

12/01/2007

Advances in genetic research have renewed attention on the workplace implications of genetic testing. Genetic research has many potential benefits. But there is growing concern that employers with access to genetic information may use it to discriminate …

USERRA: Know your duty to returning disabled soldiers

12/01/2007

The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to reinstate employees who take military-related leave. It also prohibits job discrimination against military or ex-military personnel. But a lesser-known USERRA provision deals with how employers must handle soldiers who return from active duty with injuries or other disabilities. USERRA is similar to the ADA …

RSVP: Holiday party during FMLA leave?

12/01/2007

Q. An employee who is unable to work has been out on FMLA for the past few weeks. Our holiday party is coming up next week. Should I allow her to attend if she wants to? …

Illegal status doesn’t bar employee’s discrimination claim

12/01/2007

While it may be unlawful to employ illegal immigrants under the Immigration Reform and Control Act, that doesn’t mean undocumented employees can’t sue for alleged employment discrimination based on other factors, such as pregnancy. Federal courts will still entertain discrimination lawsuits, ignoring illegal status …

New Jersey’s anti-Discrimination law has long reach

12/01/2007

You may think that the New Jersey Law Against Discrimination (NJLAD) applies only to your role as an employer. You would be wrong. In fact, the NJLAD may affect other aspects of your organization’s business activities. As the following case shows, even refusing to do business with another company can lead to discrimination litigation …

Documenting HR’s responsiveness cuts harassment liability

12/01/2007

Employees who quit in frustration when their harassment complaints go unheeded can sue, claiming they were “constructively discharged” because conditions were unbearable. That’s why it’s crucial for the HR office to respond to each and every complaint. Doing so can head off a surprise lawsuit …

Buying a business? You may be on hook for old violations

12/01/2007

Companies planning to take over existing businesses and continue running them as they were run in the past—watch out! If the former management didn’t pay its employees properly, your company may be inheriting legal liability as well as a new business …

Generalized harassment isn’t considered retaliation under CEPA

12/01/2007

Good news for employers: Workers who claim they have been retaliated against for whistle-blowing under the New Jersey Conscientious Employee Protection Act (CEPA) have to show more than generalized displeasure with their organizations’ actions. Mere harassment isn’t enough—the employer has to take concrete action such as firing, demoting or denying promotions …

Hospital workers suspended for peeping at George Clooney’s medical files

12/01/2007

When actor George Clooney was admitted into the Palisades Medical Center in North Bergen after a motorcycle accident, staffers scrambled to get a glimpse of the star. Others apparently contented themselves with a peek at his medical files …