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Employment Law

Good job descriptions explain pay differences

06/28/2010

Always prepare accurate job descriptions for each position. That way, if an employee challenges pay differences, you will be ready to show that jobs and duties that sound similar at first blush aren’t really comparable. That can come in handy if an employee claims some form of discrimination based on race or other protected characteristic.

Transfer worker who needs a fresh start

06/28/2010

Sometimes, an employee isn’t a good fit for a particular job assignment and gets frustrated that things aren’t working out. Employers that transfer such an employee with the genuine intent to give her a fresh start elsewhere probably won’t find themselves in legal hot water. That’s true even if the employee had filed an EEOC charge—as long as the new job has similar duties, responsibilities, pay and other benefits.

The NJ Law Against Discrimination and the over-70 exception

06/28/2010

The New Jersey Law Against Discrimination (NJLAD) expresses a clear legislative intent to prohibit discrimination in all aspects of the employment relationship. However, the NJLAD allows employers to refuse to accept for employment or promote anyone over 70 years of age. The law does prohibit firing someone over 70 because of age. This exception was the subject of a recent New Jersey Supreme Court ruling.

Green Brook Township settles race harassment case

06/28/2010
The U.S. Department of Justice has mediated a settlement between a black highway worker and Green Brook Township, ending an EEOC lawsuit that alleged harassment and retaliation.

Abrasive personality can justify termination

06/28/2010

Some employees seem perpetually unable to get along with others. They argue, act insubordinate and generally make life miserable for other employees who are trying to get work done. Don’t hesitate to fire them if they refuse to change their ways.

Rutgers staffers mull suit over pay freezes

06/28/2010

Last year, Rutgers University asked for a wage freeze for its 13,000 employees in exchange for not cutting any positions. This year, the state Legislature cut aid to the university by 15%. Faculty and staff bargaining units are threatening to sue because they voluntarily agreed to the wage freezes last year with the understanding they would receive them this year.


N.J. school teachers accept lower raises

06/28/2010
New Jersey public school teachers are accepting smaller raises in the wake of the ailing economy and state aid cuts. Thirty-three new collective-bargaining agreements resulted in an average 3.35% pay increase for teachers, down from 4.35% in 2009.

Firing? Pick a reason and stick with it

06/28/2010

Presumably, when you terminate an employee, you have good reasons for doing so. If you pile on more reasons later, it may look as if you are trying to cover up a discriminatory decision with a host of excuses for why you fired the employee.

Workers ‘illegal’? You still have to pay them correctly

06/28/2010
Employers can’t use an employee’s undocumented status as an excuse for not paying minimum wage or overtime under the Fair Labor Standards Act, as the following case shows.

Independent contractor crackdown isn’t just words

06/25/2010
“The battle lines are drawn,” said Greg Guidry, attorney at Onebane Law Firm in Louisiana. “Federal and state agencies are absolutely intent on cracking down on independent contractor misclassification. You have an increased chance of being audited this year and next year.”