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Employment Law

Don’t use second opinion to reject FMLA leave–request a ‘tiebreaker’ opinion

05/31/2011

The FMLA lets employees take up to 12 weeks off for their serious health conditions. If an employee gets a certification showing she has a serious health con­dition, you can request a second, independent assessment. But if the second opinion says the condition isn’t serious, that’s not the final word. FMLA regulations require a third opinion as the tiebreaker.

Feds push for more workplace smoking bans

05/30/2011
The CDC is pushing more state and local governments to enact total workplace smoking bans. More than 25 states now have laws prohibiting smoking in workplaces, restaurants and bars.

When employees foul up, feel free to tailor your response to fit the circumstances

05/27/2011

Employees break rules from time to time. They make mistakes occasionally. When those things happen, you have to respond. But don’t make the mistake of thinking you must discipline or correct every employee the same way all the time. Management needs the flexibility to tailor solutions to particular problems, because every situation is different.

‘Trans’-cending stereotypes: Tackling transgender bias in the workplace

05/27/2011
In 2007, the New Jersey Law Against Discrimination was amended to prohibit discrimination on the basis of “gender identity or expression.” To minimize the possibility of discrimination against transgender employees in your workplace, follow these tips:

Noncompliant gas stations better pump up pay

05/27/2011
New Jersey is one of two states in the country where motorists may not pump their own gas. Now the DOL has launched an investigation into whether those full-service pump jockeys are receiving their full pay.

N.J. women join gender-pay class action against Lockheed

05/27/2011
A federal judge has added two New Jersey women to a national class-­action lawsuit against defense contractor Lockheed Martin. The women claim they were put on slower career paths that provided fewer promotion possibilities and lower pay than men in comparable jobs.

Bias against unemployed now illegal in New Jersey

05/27/2011
Gov. Chris Christie has signed a bill barring discrimination against the unemployed, making it illegal for New Jersey employers to refuse to hire applicants just because they are not currently working. Violators face fines of up to $1,000 for a first offense and $5,000 for subsequent offenses.

Prevent retaliation claims by maintaining confidentiality of bias, harassment complaints

05/27/2011
It’s tough to pin retaliation on a supervisor who never knew about an employee’s original complaint. That’s why it makes sense to limit access to information about employee complaints. For example, there’s no need to share an employee’s discrimination complaint with her supervisor if it doesn’t involve that supervisor or department.

Remind managers: They may be personally liable for discrimination under obscure law

05/27/2011
Under the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964, super­visors can’t be held individually liable for discrimination. However, the little-noticed Section 1981 of the Civil Rights Act of 1866 does allow individual liability for discrimination claims.

Despite EPA’s gender-equity requirements, you do have discretion to set wide salary

05/27/2011

The Equal Pay Act requires employers to pay women and men equally for substantially equal work. Gender can’t be a salary factor. That doesn’t mean employers don’t have considerable flexibility when setting salaries. The fact is that dozens of reasons that have nothing to do with the applicant’s sex may jus­tify different pay scales.