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Employment Law

Can we dock pay for punching in late? Does the employee have a grace period?

03/01/2008
Q. Is there a rule for docking someone’s pay if he punches in late, and if so, how many minutes grace time does he get before you dock him 15 minutes?

What questions are off limits when talking to references and past employers?

03/01/2008
 Q. I understand that it’s illegal to ask applicants certain personal questions. But are there any questions I can’t ask a reference or previous employer? …

How many employees make a ‘Group’ for OWBPA purposes?

03/01/2008
Q. I recently read that the Older Workers Benefit Protection Act (OWBPA) requires that we provide an employee who has been discharged as part of a “group” termination at least 45 days to consider the terms of a release waiving his or her rights under the Age Discrimination in Employment Act. How many employees constitute a group? …

Labor pains: The perils of the Employee Free Choice Act

03/01/2008
As the 2008 election cycle intensifies, organized labor is devoting substantial resources to support candidates who will advance its ambitious legislative agenda in 2009. That agenda includes passage of the Employee Free Choice Act (EFCA). Employers must understand what EFCA passage would mean and what they can do now to ensure that union organizers do not target their employees …

Setting skill and experience minimums can stop lawsuits

03/01/2008
When it comes to hiring and promotion, one of the best things you can do to protect your organization from lawsuits is to clearly explain the qualifications and experience needed before you schedule an interview with a candidate …

Look at duties—Not job title—When determining FLSA status

03/01/2008
Too many employers make a common mistake when deciding whether an employee is entitled to overtime under the Fair Labor Standards Act (FLSA): They look at a job title and conclude that it sounds managerial—and therefore it must be an exempt position …

Be prepared to explain why you pay some employees more

03/01/2008
Chances are, you don’t pay everyone who performs the same job exactly the same amount of money. You may, for example, have negotiated a higher rate of pay for a new employee to fill a critical shortage. Or you may pay less to recently hired employees than those loyal workers who have been with you for several years. Those are all valid and defensible reasons. That doesn’t mean, however, that you won’t be sued under the Equal Pay Act …

Good news: You don’t have to worry spouse will sue under NJLAD

03/01/2008
Here’s one less thing you have to worry about if an employee files a New Jersey Law Against Discrimination (NJLAD) lawsuit against your organization: That employee’s spouse can’t hitch a ride on the lawsuit express …

Former boxing commish alleges retaliation, says he was fired for speaking out

03/01/2008
Larry Hazzard Sr., former New Jersey Athletic Control Board commissioner, has filed a whistle-blower lawsuit against state Attorney General Anne Milgram. Hazzard says he was fired from his position on the board, which oversees boxing in Atlantic City, for reporting legal and safety-related violations …

NJLAD now requires greater accommodation of religious beliefs

03/01/2008
The New Jersey Law Against Discrimination recently was expanded to require employers to reasonably accommodate employees’ sincerely held religious beliefs. Under the new rules, employers must make a “bona fide effort” to accommodate religious practices unless they can show that doing so will pose an “undue hardship” on their businesses …