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Employment Law

Sudden vigilance of company rules can look like retaliation

12/01/2006

When employees sue your organization, it can be tempting for supervisors to keep a closer eye on those litigious employees to make sure they’re “playing by the rules.” But be careful: If you suddenly start enforcing your company’s existing rules or turn into Big Brother, you could end up facing a second lawsuit, for retaliation …

Be able to prove good faith in commission calculations

12/01/2006

If you use a written commission compensation plan as part of your incentive-pay program, make sure you do two things. Otherwise, a court could second-guess your commission calculations …

Beware linking RIF with retirement incentives

12/01/2006

It’s not uncommon during economic downturns for organizations to conduct a RIF and—if the expected savings don’t materialize—to follow up with a retirement-incentive plan. But be aware of one pitfall …

‘Same characteristic’ hiring can limit bias claim

12/01/2006

When it comes to proving discrimination, the first hurdle employees have to jump through is showing that it’s more likely than not that your organization discriminated based on the person’s protected characteristic. But that’s nearly impossible to prove if the replacement employee shares those same characteristics with the fired employee …

What’s an ‘Essential Function’? Consult DOL Manual

12/01/2006

The ADA requires employers to identify the essential functions of all jobs and make reasonable accommodations for disabled employees to perform those tasks. But if you pile too many tasks onto that “essential functions” list, you may court trouble …

State Anti-Bias Law Doesn’t Reach Federal Workers

12/01/2006

Not all New Jersey employers have to worry about complying with state anti-discrimination laws. Specifically, federal employers in the state aren’t subject to the New Jersey Law Against Discrimination. Reason? The federal anti-bias laws (Title VII and the Rehabilitation Act) are the sole remedies for federal employees …

Court Ruling May Ease Threat of Class-Action FLSA Suits

12/01/2006

In recent years, employers have faced an onslaught of Fair Labor Standards Act class-action lawsuits over allegedly unpaid overtime. Now, a second district court in the 3rd Circuit has dismissed combined state and federal overtime class-action lawsuits …

N.J. judge takes dim view of banning ‘Breakfast at Tiffany’s’

12/01/2006

A mother who alleged she was ordered to stop breast-feeding her infant at the Tiffany’s in the Short Hills Mall, Essex County recently lost her discrimination lawsuit. But the case was a near miss …

What Is a ‘Hostile Work Environment’ Under N.J. Anti-Bias Law?

12/01/2006

New Jersey’s Law Against Discrimination (LAD) prohibits discrimination against employees because of their “race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, familial status, liability for services in the Armed Forces of the United States, disability or nationality” …

Employees criticizing the firm? Where to draw the line

12/01/2006

Execs and supervisors may bristle at criticism from employees and instinctively want to punish offenders. But that apparent insubordination can sometimes be considered protected speech under federal or state law. Knowing what’s protected and what’s not is key …