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Employment Law

Revise confidentiality policy to omit any hint it covers wages

05/01/2008
It’s considered impolite in many circles to discuss money, but don’t try to stop employees from talking about their pay. Setting a policy that prohibits employees from sharing information about hourly rates, salaries, bonuses or the terms of their employment could violate the National Labor Relations Act—even if your employees do not belong to a union …

Downsized Work Force, Supersized Liability: The Legal Risks of Layoffs

04/29/2008
Whether we’re in slowdown or a full-blown recession, many employers may be contemplating job cuts to cope with tough economic times. But employers that downsize the wrong way may end up spending more on litigation than they save on labor costs. To avoid a costly court fight, know your WARN Act compliance responsibilities.

You smoke, you’re fired! Lessons from the Whirlpool Case

04/29/2008
The dangers of smoking are well documented: heart disease and cancer, shorter life expectancy, higher health care expenses. Now add another risk: As workers in Indiana just found out, smoking could get you fired. Was their employer justified in taking action, or did it step into a legal quagmire?

Employers may be responsible for co-Worker defamation and assault

04/28/2008
Need another reason—beyond harmony and collegiality—to insist that managers maintain a civil and considerate work environment? Consider this: Employers can be held liable for the defamation and assault of co-workers …

NJLAD disability claim allows employers to demand medical information

04/28/2008
The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination based on disability and requires employers to reasonably accommodate employees with handicaps. Employees who want accommodations have to let their employers know. Refusing to provide updated medical information sinks an employee’s NJLAD claim …

Camden firefighter sues over racism

04/28/2008
A firefighter who was recently fired by the Camden Fire Department is suing for harassment and retaliation, alleging a captain at Tower Ladder Company 2 “habitually” made threatening racist comments. Shane Streater alleges that he was discharged shortly after he began complaining about the harassment …

Farash Corp. faces harassment suit over execs’ comments

04/28/2008
A former executive assistant for Farash Corp. is suing the Rochester-based real estate company for sexual harassment. Susan Poulter claims she was fired without warning in June 2006, four months after she complained about inappropriate comments allegedly made by male executives …

Appeals court dumps Wyeth whistle-Blower’s claim

04/28/2008
A three-judge panel of the 4th Circuit Court of Appeals rejected a whistle-blower claim by Mark Livingston, a former training director at the Sanford, N.C., facility of the drug maker Wyeth …

Nine years later, Prudential settlement not quite settled

04/28/2008
In 1999, Linda Guyden, a former vice president for Prudential Insurance Company in Newark, and 358 other employees received a $10 million settlement for race discrimination and related claims against the company. Then, in 2000, Guyden filed a separate federal lawsuit based on her complaint …

New religious discrimination legislation expands NJLAD

04/28/2008
Employers, take notice: A new type of accommodation is required in New Jersey. Gov. Jon S. Corzine has signed into law an amendment to the New Jersey Law Against Discrimination (NJLAD) that makes it unlawful to discriminate against an employee because of a sincerely held religious practice or observance …