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Employment Law

No need to accommodate shorter commute

02/24/2009

Employers have to make reasonable accommodations for employees or applicants who have disabilities—and those accommodations may include assignment to an open position. But if the underlying reason for an employee’s request to transfer to an open position is that a medical provider recommended a shorter commute, you don’t have to make the accommodation.

Don’t count on missed EEOC filing to end case

02/24/2009

Timing is everything in discrimination suits. Ever since the U.S. Supreme Court decided in 2008 that an employee could effectively file a discrimination complaint simply by completing an EEOC intake document, employers have learned they can’t rely on the date stamped on the actual EEOC complaint form as the official deadline date.

Jersey City Rastafarian shaves $10,000 off UPS

02/24/2009

A federal jury in Trenton has awarded $10,000 to a man denied a job at UPS because he refused to shave off his one-inch beard. Roniss Mason of Jersey City claimed shaving violated his Rastafarian religious beliefs and filed a complaint with the EEOC.

Remind management: Don’t consider temporary medical problems when making layoff decisions

02/24/2009

When planning a reduction in force, it’s natural to decide who should stay and who should go by ranking employees based on the skills you’ll need after downsizing. Before managers start ranking employees, make sure they understand not to use temporary medical problems and their consequences as a reason for deciding to terminate an employee.

Don’t sweat EEOC complaint after discipline if you can prove process was fair

02/24/2009

It’s a fact that employees who think they are in trouble will look for ways to avoid termination—or profit from it. So it should come as no surprise if an employee files an EEOC discrimination complaint after you discipline him and warn that he may soon be terminated.

Do you use an arbitration clause? Make sure you can prove employees agreed

02/24/2009

Employers that use arbitration clauses can often get lawsuits sent to an arbitrator for faster and less expensive resolution—but only if they are prepared to prove that their employees agreed to arbitration.

Applicant injured after passing medical exam? Demand another

02/24/2009

It’s common to make a job offer contingent on the applicant passing a job-related medical examination. But what happens if the applicant passes the exam and then becomes ill or injured before starting work? In those cases, the employer can demand another exam or more information.

Ledbetter Fair Pay Act may apply to pending cases, too

02/24/2009

The recently signed Lilly Ledbetter Fair Pay Act may apply to pay discrimination cases that were filed before the law was signed and after the U.S. Supreme Court ruled in 2007 that employees have just 300 days to file pay claims after the initial alleged discriminatory decision.

Study cites N.J. as a hotbed of wage-and-hour claims

02/24/2009

A recent report offers some ominous news for New Jersey employers. New Jersey is one of eight states that saw an increase in class-action wage-and-hour cases filed in state court last year. Advice: Brace yourself for even more wage-and-hour litigation. Such cases typically increase during economic downturns …

Nuke plant operator fined for sleeping guards

02/24/2009

Sleeping on the job isn’t productive, and most employers have rules against it. In some environments, falling asleep on duty is downright dangerous and can result in large fines.