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Employment Law

Courts don’t require employers to have crystal balls

08/25/2010

Sometimes, people sue everyone they believe may somehow have been responsible for their misfortunes. When someone has been seriously harmed by one of your employees, your organization becomes an attractive target. Fortunately, an employee’s past conduct unrelated to the allegation won’t put the employer in hot water.

Bad news: You’re going to be sued–Good news: Be fair and you’ll win

08/25/2010

It’s a fact of life: As an HR professional, you and your employer will be sued. You can’t tell which applicant, employee or former employee will litigate, but you can be prepared. Insulate yourself and your company by reviewing all decisions for fairness. For example, something as seemingly minor as failing to provide small incentive-based benefits can mean a long and expensive lawsuit.

Safety trumps faith: Feel free to ban religious garments if they pose a workplace hazard

08/25/2010
Employees have the right to wear religious garb to work, within limits. Under most ordinary circumstances, for example, Muslim women should be allowed to wear head coverings if they hold the sincere belief such coverings are required of their religion. But if the head covering presents a safety issue, chances are an employer can ban the covering.

Take advantage of delay on N.J. medical marijuana law

08/25/2010
New Jersey’s new medical marijuana law won’t take effect until next year, a last-minute move that has implications for employers with policies concerning employee drug use. Take advantage of the delay to ensure your drug-abuse policies are aligned with the new law. If an employee can legally use medical marijuana, how will you enforce your legitimate interest in maintaining a workplace where safety isn’t compromised by intoxicated workers?

Partner or employee? Degree of control matters

08/25/2010
If yours is a business engaged in professional practices like law, medicine or accounting, your organization may have partners or shareholders who receive paychecks. Know that such shareholders probably can’t sue for discriminatory practices under Title VII and other anti-discrimination and employment laws.

Fear lawbreaking? Document before firing

08/25/2010

Some employers don’t necessarily want to confront an employee directly when they suspect that he may be engaged in illegal activity. The threat of violent reprisal is very real. If you fire the employee, he may sue, alleging some form of discrimination. But if you have documented why you did what you did, chances are the lawsuit will be dismissed.

Can I be personally liable for misclassification?

08/24/2010
Q. Let’s say I do the payroll for a company and know that we are misclassifying employees (exempt vs. nonexempt; independent contractors vs. employees). And let’s say I advised the owner, but he chose to leave it as is. Could I be held liable as the payroll administrator?

5 tips to avoid liability for benefit plan mistakes

08/24/2010
Anyone with responsibility for health, benefit, disability, severance, education or other benefit plans is a “fiduciary” and can be held personally liable for plan errors under ERISA. Attorney Sherwin Kaplan says employers should take these steps to avoid errors that could subject a fiduciary to liability:

With EFCA on the ropes, unions shift their focus to the NLRB

08/23/2010
As we approach the Nov. 2 midterm congressional elections, chances for passage of the Employee Free Choice Act grow dimmer and dimmer. But that hasn’t diminished unions’ push for EFCA-like reforms through the National Labor Relations Board—especially now that a solid three-vote majority of former union lawyers is serving on the board. The battleground clearly has shifted to the NLRB.

California workers ratify union contract with DPA

08/23/2010
California-based members of the International Union of Operating Engineers (IUOE) have ratified a two-year labor agreement with the California Department of Personnel Administration (DPA).