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Employment Law

Delegating Wage-Setting Discretion to Branches Won’t Justify a Class-Action Lawsuit

02/01/2007

Recently, clever lawyers toyed with a new tactic, hoping to turn individual discrimination cases into nationwide class-action monsters. They’d find a single unhappy employee and sue on behalf of all similarly situated employees in a company’s subsidiaries …

Review your liability coverage for employee injuries

02/01/2007

Heads up: The New Jersey Supreme Court just decided an employer insurance case that may mean insurance carriers will change the way they write errors-and-omissions policies …

‘My lawyer will be in contact’: Enough notice to preserve records

02/01/2007

A New Jersey appellate court recently granted a new trial to a former Paine Webber employee who claimed the company fired her for filing a sexual harassment complaint. During trial, the employee claimed Paine Webber withheld or destroyed critical documents …

Sex harassment investigator sued for giving bum advice

02/01/2007

New Jersey attorneys may be feeling their clients’ pain on a whole new level.  A recent district court ruling allowed an employee to sue the attorney who investigated her sexual harassment complaint (as well as her employer) …

Watch for New Prevailing-Wage Rules for Building Services Workers

02/01/2007

The New Jersey Department of Labor & Workforce Development intends to enact new prevailing-wage rules for contractor employees or subcontractors who work on building services projects at properties owned or leased by the state …

Johnson & Johnson sued again, this time from the executive suite

02/01/2007

A former chief medical officer for Johnson & Johnson’s Ethicon Inc. has filed a retaliation and discrimination lawsuit, claiming the company fired him for voicing product safety concerns and pushing for product recalls …

How to comply with N.J.’s sweeping Whistle-Blower protection law

02/01/2007

The New Jersey Supreme Court has described the state’s Conscientious Employee Protection Act (CEPA) as “the most far reaching ‘whistle-blower statute’ in the nation” …

Warn bosses: Don’t speculate on workers’ medical limits

02/01/2007

Supervisors and HR professionals must avoid stereotyping employees who have medical problems and never make assumptions about workers’ abilities to perform the job. Making uninformed comments about physical ailments is a quick way to land in court …

Beware personal liability for COBRA, FMLA, state bias law

02/01/2007

As if life in HR weren’t hard enough, a federal court has clarified when you may be held individually liable for mistakes in administering anti-discrimination and benefit laws …

You can pay lost wages, then fire reinstated employee

02/01/2007

In a unionized workplace, it can be tricky when an arbitrator—while interpreting a collective-bargaining agreement with the union—second-guesses the employer’s decisions …