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Employment Law

Require special credentials for foreign hires? Tell applicants

11/01/2007

Applicants from other countries or who were educated abroad pose special problems for HR professionals. For example, can you be sure their education and training are as good as that of U.S.-educated applicants? One way to find out is to require a credentialing company to certify the applicant’s educational equivalence. But if you go that route, make sure you inform applicants about the requirement …

Aging work force requires vigilance against discrimination

11/01/2007

As baby boomers age, more Americans say they expect to keep working longer than their parents did. That means more older job applicants—and more age-related lawsuits. Defend against this coming onslaught by taking extra care to document your disciplinary decisions to make sure age isn’t a factor …

Religious freedom act doesn’t apply to employment

11/01/2007

Good news for federal employers: The Religious Freedom Restoration Act (RFRA) doesn’t give your employees additional rights to practice their religion. Instead, when an employee claims an employer’s grooming policies interfere with his right to practice his religion, only Title VII applies …

OK to discipline complainer who doesn’t perform

11/01/2007

Sometimes, the wrong messenger delivers bad news. That’s what happens when a poorly performing employee comes forward with a discrimination complaint. If your investigation finds that the complaint has merit, but you decide you need to fire the worker anyway, how should you proceed? Aren’t you just guaranteeing you’ll be hit with a lawsuit? …

Oral settlement agreement may be binding even if the specifics are unclear

11/01/2007

When it comes to settling New Jersey employment lawsuits on the eve of trial, be forewarned: Understand all the terms of the agreement before you tell the court the matter is settled. Don’t expect to come back to court for a do-over when you later can’t agree on some of the terms. In New Jersey, a deal is a deal—even if it isn’t in writing …

Cut costs by offering early partial payment of disputed workers’ comp claim

11/01/2007

An employer that unsuccessfully fights a workers’ compensation claim and forces an injured employee to retain an attorney faces a penalty of up to 20% of the money due the injured employee, which goes on top of the normal amount due. But the law also provides an incentive for employers to begin making payments early …

AIG hit with overtime lawsuit disputing exempt status

11/01/2007

Two New Jersey claims adjusters for AIG Inc. in New York City have filed a class-action lawsuit against the insurer alleging it improperly classified them as exempt from overtime pay …

New Jersey courts extend whistle-Blower protections

11/01/2007

Employees who blow the whistle on corporate misdeeds have extra time to file retaliation complaints under the Conscientious Employee Protection Act (CEPA), thanks to a recent ruling by the New Jersey Superior Court, Law Division …

Friday night football told to pass on the Hail Marys

11/01/2007

The East Brunswick School District has sued high school football coach Marcus Borden to force him to stop praying with players. Borden argued successfully in lower court that the district violated his free speech rights by ordering him to stop actions he considers secular signs of respect …

New Jersey employers make Best Places to Work for GLBT

11/01/2007

Eight New Jersey employers made the 2007 Best Places to Work for GLBT Equality, a ranking of employers’ policies toward gay, lesbian, bisexual and transgender (GLBT) employees. The Human Rights Campaign publishes the list annually …