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Employment Law

N.J. targeting firms that misclassify independent contractors

01/01/2007

It looks like Gov. Jon Corzine is serious about making sure employers don’t misclassify their employees as independent contractors to avoid paying taxes …

Intoxicated employee can still win workers’ comp benefits

01/01/2007

Under the New Jersey Workers’ Compensation Law, employees who are hurt at work because they were intoxicated can’t receive workers’ compensation benefits. Yet employers should be aware of the law’s fine print …

Use unemployment comp decision to defend a bias lawsuit

01/01/2007

Here’s another good reason to aggressively contest unemployment compensation claims when you have strong evidence that the company fired the employee for a good cause (such as lying or stealing): You can use an unemployment compensation ruling to prove, in a later discrimination lawsuit, that you fired an employee for a valid, nondiscriminatory reason …

You Needn’t Accommodate Some ‘Serious’ Ailments

01/01/2007

While the ADA says organizations must provide reasonable accommodations to people with qualifying disabilities, be aware that many apparently serious conditions aren’t limiting enough to be considered disabilities …

Advocates push for equal rights for illegal alien workers in N.J.

01/01/2007

The ACLU, AFL-CIO and other groups have filed a petition accusing the United States, New Jersey and several other state governments of human rights violations by refusing to grant equal rights to illegal immigrant workers …

‘Continuing violation’ rule allows worker to file bias claims years late

01/01/2007

Employers may think they’re off the hook if an employee doesn’t file a legal complaint on time. But filing requirements can sometimes be stretched, as a recent federal district court ruling shows …

Harassed for going to Iraq: Margate officer wins lawsuit

01/01/2007

A police officer recently won a harassment lawsuit against the city of Margate for the city’s response when the U.S. Army Reserve called him to active duty …

Restaurant in Wayne accused of labor and wage violations

01/01/2007

Three former employees at a Chinese restaurant in Wayne filed a complaint with the National Labor Relations Board (NLRB) alleging unfair labor practices …

Same-Sex Unions in N.J.: Responsibilities and Restrictions of the New Law

01/01/2007

Same-sex unions are now a reality in New Jersey, and employers will have to change the way they deal with employees as a result. It’s too early to tell exactly what steps employers will need to take, but it’s important to understand what led to the decision and legislation …

New Class-Action Suits Show Need to Track Hours Closely

01/01/2007

In light of a slew of recent wage-and-hour lawsuits against big companies like Wal-Mart and UPS, now’s a good time to review how you track the hours worked by employees. Reason: Following the Wal-Mart lawsuit lead, clever lawyers now seek out one or two unhappy employees who want to start a class-action case under the Fair Labor Standards Act …