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Employment Law

Shopper’s Vineyard settles race discrimination suit

03/30/2009

The Shopper’s Vineyard wine superstore in Clifton has agreed to settle a race discrimination case after the EEOC filed suit on behalf of a black front-line manager who was terminated during an alleged downsizing.

N.J. Supreme Court: Strikers may be entitled to unemployment

03/30/2009

The New Jersey Supreme Court recently held that an employer that continues to provide all or substantially all of its services during a strike will be hard-pressed to oppose its striking employees’ applications for unemployment benefits. That’s true even if the strike results in significant losses in revenue and profits.

Settling case? Double-check the dollar amount

03/30/2009

Alert for employers settling workers’ comp lawsuits—or any other kind: When negotiations are completed, make sure the dollar amount written into the agreement is the one everyone agreed to!

Banning smoking might not avoid liability

03/30/2009

If, like many employers, you have adopted a smoke-free workplace policy, you may think your organization won’t be liable if an employee lights up on the premises and starts a fire. Unfortunately, it’s not quite that simple. Your organization still could be liable if an employee’s careless smoking caused damage to another’s property.

Spell out FMLA intermittent leave timing in handbook—or risk a million-dollar mistake

03/30/2009

The 4th Circuit Court of Appeals has upheld a verdict of more than $1 million in an FMLA intermittent leave case involving a foreign adoption. The sad fact is that the employer could have avoided the entire problem by studying up on intermittent leave and adoption.

OK to transfer without fear of retaliation suit—if new job is substantially similar

03/30/2009

Ever since 2006, when the U.S. Supreme Court’s Burlington Northern and Santa Fe Railroad Co. v. White decision made it easier to prove retaliation, employees are trying to push the envelope on what constitutes retaliation. Slowly, employers are getting answers.

Seek attorney’s help to draft noncompete agreement

03/30/2009

What’s worse than not having a noncompete agreement? One that doesn’t meet North Carolina’s strict requirements—and gets tossed out of court. Avoid this problem by having a North Carolina attorney draft agreements.

Courts crack down on workers’ comp for minor injuries

03/30/2009

It used to be that an employee who continued to suffer any pain following a work-related injury could continue receiving workers’ compensation payments until she was fully healed. Now, however, Industrial Commission judges are getting tougher on pain that isn’t backed up by medical evidence. That’s good news …

Wal-Mart settles drivers’ race bias suit for $17.5 million

03/30/2009

Wal-Mart wasn’t wearing its smiley face when it agreed to pay a class of African-American truck driver applicants $17.5 million in a race discrimination suit. The drivers alleged Wal-Mart failed to hire and promote black drivers in proportion to the number who applied.

Are we liable if worker wrecks during commute?

03/30/2009

Q. We have had some bad weather lately. Is our company liable if an employee has a wreck on the way to work?