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Employment Law

Contract conundrum: Pay lawyer now, or pay employee later?

07/27/2009

Confusing contract language did not cost a New Jersey car dealer millions of dollars, but in this economy, who can afford to lose even a little?

State wage & hour inspector took $1.86 million in bribes

07/27/2009

Joseph Rivera, senior investigator for the New Jersey Department of Labor and Workforce Development’s Wage and Hour Division, pleaded guilty in a Camden courtroom to taking $1.86 million in bribes from temporary labor firms …

A matter of policy: Doing 4 things right helps win lawsuits

07/27/2009

It’s a mantra that can’t be repeated too often: Develop a policy, communicate it to your employees, investigate when you learn of possible infractions and, if wrongdoing did occur, punish those who violated the policy. It’s refreshing to report on an employer that did everything right and emerged victorious from court.

Recession playing havoc with FLSA exemptions

07/24/2009

Are your employees performing the exact same tasks they were three years—or even three months—ago? Probably not. Layoffs have left millions of employees juggling their own tasks as well as those of departed co-workers. One byproduct: When employees’ job duties no longer qualify them as exempt from the FLSA, they can raise the “hourly” flag and sue for unpaid overtime pay.

Press ‘send’ for liability: The legal risk of misdirected e-mail

07/24/2009

Have you ever felt that punch-to-the-stomach feeling of clicking “Send” and realizing you blasted an e-mail to the wrong person? As the CEO in the following case learned, one misguided e-mail mixed with some poor judgment can stir up a potent legal stew …

Know what’s free speech, insubordination

07/24/2009

Employees who work for government agencies have a few additional rights that privately employed workers don’t enjoy. One is the right to speak out on matters of public importance. That right, however, is quite limited. Even so, some public employees think they can say anything about their supervisors and not be disciplined. That just isn’t so.

The best way to end hostile environment suits: Train bosses what to do when worker complains

07/24/2009

Some employees are more sensitive to potential sexual harassment than others. What some might disregard as innocent flirtation, others might consider an unwelcome come-on. Courts often throw out harassment suits that start that way, but why tempt fate—or spend time and money defending yourself?

Set clear, fairly enforced rules on behavior to trump ‘my disability made me do it’

07/24/2009

Some employees with genuine disabilities think they can use their health conditions as excuses to break workplace rules regulating behavior. They can’t, if managers genuinely believe the employee violated the rules, and those rules are clear and equitably enforced.

When supervisor makes stupid comment, make sure you can justify discipline

07/24/2009

When a supervisor says something insensitive, employers must fix the problem and then make sure the comment doesn’t reflect some sort of deep bias. Follow up on the comment with appropriate discipline and then check to see that any discipline recommended by the supervisor is based on independently verifiable information.

Be sure to document if worker says she doesn’t need leave

07/24/2009

If an employee rebuffs your offers to consider her for ADA accommodations or FMLA leave, make sure you document her desires. That way, she can’t come back later and claim you didn’t accommodate her or give her leave.