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Employment Law

New job requirement can be good reason for discharge

01/06/2010

In these tough economic times, employers often have to find ways to do more with less—such as cutting some positions and adding new duties and responsibilities to others. That means some employees will no longer be qualified for their jobs.

And to think the original idea was to reduce litigation!

01/06/2010

When Prudential Insurance instituted alternative dispute resolution (ADR) to handle employee discrimination charges, it never imagined the move would lead to a decade of litigation. According to lawsuits filed by 236 former and current Prudential employees, the ADR process established in 1999 is nothing more than a sham.

Rutgers settles race bias case with maintenance workers

01/06/2010

Four minority maintenance workers have settled their race discrimination case with Rutgers University. According to The Star-Ledger, the workers—three black and one Hispanic—alleged they were consistently passed over for promotion in favor of white employees.

On tap in Trenton: NJLAD could ban autism bias

01/06/2010

People with autism would be among those protected by the NJLAD if measures introduced in the state Assembly and Senate pass. The bills would make it illegal to discriminate in employment because a person has autism. New Jersey has the highest incidence of autism in the country with one out of every 94 children showing some symptoms of the condition.

Required by law or not, make harassment training mandatory

01/06/2010

Although California, Connecticut and Maine are the only states with laws requiring workplace harassment training for supervisors, employers in other states have followed their lead in an effort to reduce liability for ill-informed behavior of employees, decrease the cost of litigating complaints of harassment and create a more hospitable work environment.

Fashion tip: Don’t overdo grooming and dress standards

01/05/2010

If you have a strict grooming policy or are considering implementing one, make sure you first understand what you can and cannot require employees to wear or what grooming standards you can legally enforce. Employees can and do sue when their employers try to impose rules that interfere with religious beliefs, reflect sexual stereotypes or are simply demeaning.

Closing early due to snow: Must we pay for full day?

01/05/2010

Q. During inclement weather, we sometimes close the office early and send employees home. Do we have to pay them for the whole day?

FMLA ‘stress leave’: When must you allow it?

01/05/2010

Employees often claim their jobs stress them out. And for some, it’s so bad they feel they need to take off work to cope. That doesn’t mean, however, that employees are automatically entitled to use FMLA leave for stress. When does stress rise to the level of a "serious health condition" covered by the FMLA?

2009 in labor and employment law, from A to Z

01/05/2010

Our friends at the law firm of Fisher & Phillips LLP recently published this entertaining look at the employment law year that was. From A (the American Recovery and Reinvestment Act) to Z (zealously), 2009 was a busy year for those who track employment law trends.

Employee stressed out by possible discipline? That’s no reason to halt the process

01/05/2010

Go figure: Some employees get stressed out when they suspect they’re facing serious discipline or even termination. That understandable anxiety doesn’t mean you have to stop the disciplinary process. Unless the employee asks for FMLA leave or otherwise gives you enough information to indicate that she has a serious health condition—and not just nerves—you can go ahead with your investigation.