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Employment Law

Leave exhausted? Set strict standards for further absences

02/22/2010

Employers know they may have to accommodate disabled employees by granting additional time off. But what about employees who, although they aren’t disabled, still claim run-of-the-mill illnesses prevent them from working? You can and should set strict standards for further leave.

OSHA loses patience, Freehold executive loses car

02/22/2010

When OSHA said it had received an anonymous complaint about safety conditions at one of Brocon Petroleum’s work sites, executives there had a pretty good idea who made the call. So the Freehold-based company fired the employee. OSHA did not take it well …

Lawsuits allege pervasive sexual harassment at Harrah’s

02/22/2010

Three lawsuits filed against Harrah’s Atlantic City casino allege the employer actively covered up sexual harassment by casino employees. Harrah’s is already fighting 13 lawsuits filed against fired manager Raymond Montgomery, who ran a casino nightclub called “The Pool.”

Harassment: State LAD covers outside business relationships, too

02/22/2010

Although the New Jersey Law Against Discrimination (LAD) primarily has been applied to sexual harassment claims involving employers and employees, a new decision by a New Jersey appellate court recognizes that the LAD can also apply to a refusal to engage in business transactions if it is based upon the refusal to comply with requests for sex.

Casual promotion process? Track it anyway

02/22/2010

If you have gone without a formal system for promoting from within—no posting open positions or a casual application process—just because you’re a small employer, watch out! You must still make sure you track the decision-making that goes into each promotion. If a disappointed employee sues, you must be able to explain why some employees were promoted over others.

Juvenile behavior isn’t always harassment

02/22/2010

Teen employees are sometimes clueless about what’s appropriate at work. From time to time, their behavior may seem … well … juvenile. Feel free to counsel youthful employees when things need to be brought back into control. And don’t worry. Kids acting their age doesn’t automatically mean you’re liable for sexual harassment.

SoCal grocery chain fined for teen labor hazards

02/22/2010

The Superior Super Warehouse chain of grocery stores must pay $79,200 in penalties for allowing teenage employees to operate dangerous equipment. The U.S. Department of Labor cited the chain for violations of the Fair Labor Standard Act’s child labor provisions at 33 stores in Southern California.

Challenge huge attorneys’ fees: Courts now have discretion to limit awards in some cases

02/22/2010

One of the biggest shocks employers get when an employee or former employee wins a lawsuit against them is the attorneys’ fee award. Employers typically have to pay the employee’s legal fees and expenses when the employee wins even a modest victory. Those fees can be far greater than the actual lost wages and other damages. Fortunately, the California Supreme Court has stepped in, recently concluding that trial judges have wide discretion to reduce jury awards when the employee’s damages are small but the legal expenses are large in comparison.

Document accommodations process–especially if it breaks down over worker’s suggestion

02/22/2010

Disabled employees are entitled to reasonable accommodations of their disabilities under California’s Fair Employment and Housing Act (FEHA). That includes the obligation to engage in an interactive process to determine what, if any, accommodation is possible. If the process breaks down, employers that acted in good faith won’t be held responsible.

Employees must be free to do as they wish during rest periods, meal breaks

02/22/2010

Under California’s wage-and-hour laws, employees must be completely relieved of their duties during rest periods and meal breaks. Employers can’t count downtime during work hours as rest and meal time.