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Employment Law

Understand the North Carolina Persons with Disabilities Protection Act

01/27/2009

North Carolina law has long protected disabled North Carolinians from discrimination. The North Carolina Persons with Disabilities Protection Act was originally called the Handicapped Persons Protection Act and became law in 1985. The act is broad in scope, and many of its protections apply directly to employment matters.

Boss makes employee sick? That’s no disability

01/27/2009

If every employee who got depressed or anxious after receiving a poor performance review or trying to satisfy a demanding boss could sue, the courts would have little time for anything else. That may be one reason that courts have been rejecting ADA cases based on stress and anxiety brought on by work conditions.

When in doubt, note multiple FLSA exemptions

01/27/2009

Under the Fair Labor Standards Act, employees fit into one of two general categories—they are either hourly or exempt. But sometimes, an employee’s job may seem to fit into more than one category. If that’s the case, don’t be shy about noting that in the job description.

New Jersey may boost minimum wage to $8.50

01/27/2009

Back in 2005, the New Jersey Legislature enacted legislation raising the state’s minimum wage to a rate higher than the federal minimum wage. Now, with the federal minimum set to go up later this year, a state commission is advocating another boost in the state minimum wage.

Promptly investigate co-worker harassment—and ensure employees know how to report it

01/27/2009

There’s no time like now to review your sexual harassment policies and processes. First, remember that sexual harassment by a supervisor is the most dangerous kind. But that’s not the case with most sexual harassment complaints, however—the ones that occur between co-workers.

Don’t let petty grievances cost you sleep: They seldom cause discrimination liability

01/27/2009

Most minor grievances never add up to a discrimination lawsuit. That’s why you shouldn’t lose too much sleep over employees who whine about every little problem. Employees—even those belonging to a protected class—must be able to tolerate minor annoyances. Judges don’t like having to referee workplace pettiness.

Proven way to win shaky bias suits: Be specific about reasons for discharge

01/27/2009

Discharged employees who sue over alleged discrimination often must prove that the reason their employers gave for firing them was really a cover for discrimination. If you’re very specific about your reason for terminating an employee, you’re likely to win these kinds of lawsuits.

Patience key when you think worker won’t return from FMLA

01/27/2009

Employers can terminate an employee on FMLA leave if it becomes clear she will not return. But get this one wrong and you may end up in court. A better approach: Wait to do the firing.

Understand NJLAD’s broad definition of ‘handicapped’

01/27/2009

Don’t make the mistake of assuming that someone who isn’t disabled under the ADA also isn’t disabled under the New Jersey Law Against Discrimination. The fact is, the NJLAD is far more generous in its definition.

Court: Discord from co-workers, bosses isn’t retaliation

01/27/2009

Galloway Police Department Officer Robert Bauer filed a lawsuit claiming co-workers retaliated against him for refusing to engage in what he considered unethical acts. A lower court dismissed his suit, and now an appeals court has upheld the dismissal.