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Employment Law

Say no to accommodations if ‘disability’ barely scratches the surface of credibility

11/25/2008

Employees have the strangest ideas about what constitutes a disability and whether they are entitled to a reasonable accommodation. For example, many people have minor phobias—let’s say a fear of spiders. That doesn’t mean employers have to provide a spider-free workplace.

Pay attention to timing when asking applicants to sign arbitration agreements

11/25/2008

Requiring employees to arbitrate most employment disputes can save your organization time and money—if you can get the agreement to stick.

Gov’t workers with free speech claims can charge retaliation

11/25/2008

An employee who works for a government agency or other public employer and files an internal grievance may be protected from retaliation. That’s because the grievance may be protected First Amendment speech, against which the employer can’t retaliate.

Sparks fly in Camden over layoff procedure

11/25/2008

Camden Chief Operating Officer (COO) Theodore Davis announced plans to cut 31 government jobs in October. Rather than rely on union agreements to decide where to cut, Davis used his own system, which he said was more equitable than established civil service procedures. Unions representing municipal employees say that’s illegal …

State considers lawsuit over Lehman pension losses

11/25/2008

New Jersey investment director William Clark said the state pension board is considering a lawsuit against Lehman Brothers. The state bought approximately $180 million of Lehman stock in June, only to sell it at a loss of about $100 million …

ADA Amendments Act means changes for employees, employers

11/25/2008

Sweeping new ADA legislation passed earlier this fall will completely change the way employers manage disabled employees. The ADA Amendments Act of 2008 overruled four U.S. Supreme Court decisions defining disabilities under the ADA, thereby broadening the definition of disability …

Holidays on a shoestring: Real-life tips on celebrating in style without breaking the bank

11/25/2008

Are you downsizing your holiday party this year? A Watson Wyatt survey says 37% of firms are scaling back end-of-year festivities—or canceling them altogether! Here’s how some businesses are coping, according to our sister e-newsletter The Admin Pro Forum. PLUS! News about a holiday party legal problem you might never suspect.

New USERRA poster released: Download your free copy here

11/25/2008

The U.S Department of Labor has made some technical changes to the poster that notifies workers of their rights under the Uniformed Services Employment and Reemployment Rights Act. Don’t waste money buying new versions of the poster from third-party vendors. You can download your free copy right here.

Is there a legal reason to have employee photos in your files?

11/25/2008

Sometimes, it seems employees and their lawyers can take even the most benign evidence and find a way to twist it into a discrimination case — even something as innocent as including photographs of applicants and employees in personnel files.

The HR I.Q. Test: December ’08

11/23/2008

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …