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Employment Law

Oral settlement agreement may be binding even if the specifics are unclear

11/01/2007

When it comes to settling New Jersey employment lawsuits on the eve of trial, be forewarned: Understand all the terms of the agreement before you tell the court the matter is settled. Don’t expect to come back to court for a do-over when you later can’t agree on some of the terms. In New Jersey, a deal is a deal—even if it isn’t in writing …

Cut costs by offering early partial payment of disputed workers’ comp claim

11/01/2007

An employer that unsuccessfully fights a workers’ compensation claim and forces an injured employee to retain an attorney faces a penalty of up to 20% of the money due the injured employee, which goes on top of the normal amount due. But the law also provides an incentive for employers to begin making payments early …

AIG hit with overtime lawsuit disputing exempt status

11/01/2007

Two New Jersey claims adjusters for AIG Inc. in New York City have filed a class-action lawsuit against the insurer alleging it improperly classified them as exempt from overtime pay …

New Jersey courts extend whistle-Blower protections

11/01/2007

Employees who blow the whistle on corporate misdeeds have extra time to file retaliation complaints under the Conscientious Employee Protection Act (CEPA), thanks to a recent ruling by the New Jersey Superior Court, Law Division …

Friday night football told to pass on the Hail Marys

11/01/2007

The East Brunswick School District has sued high school football coach Marcus Borden to force him to stop praying with players. Borden argued successfully in lower court that the district violated his free speech rights by ordering him to stop actions he considers secular signs of respect …

New Jersey employers make Best Places to Work for GLBT

11/01/2007

Eight New Jersey employers made the 2007 Best Places to Work for GLBT Equality, a ranking of employers’ policies toward gay, lesbian, bisexual and transgender (GLBT) employees. The Human Rights Campaign publishes the list annually …

Supreme Court’s Ledbetter decision could affect your pay policies

11/01/2007

In May 2007, the U.S. Supreme Court announced its decision in Ledbetter v. Goodyear Tire & Rubber Co. Inc., a case that limits the potential liability of employers in wage discrimination claims brought under Title VII. New Jersey employers should bear in mind that Ledbetter was decided under Title VII—the federal statute governing employment discrimination claims. Although New Jersey state courts often look to federal decisions for guidance, it is uncertain how Ledbetter will be applied in a state court action involving the New Jersey Law Against Discrimination …

Gender identity and dress codes for males and females

11/01/2007

Q. The company I work for has had an employee dress code since the company was incorporated. Recently, a male employee began coming to work dressed as a woman. His supervisor asked me if this violates the dress code. If so, can the supervisor require the male employee to dress according to the dress code for males and discipline him if he doesn’t? …

Recouping company-paid health plan premiums after FMLA leave

11/01/2007

Q. While my employees are out on FMLA leave, we pay our share of health plan premiums on behalf of them. If an employee does not return to work following his FMLA leave, can I recover those premiums directly from the employee? …

Leave-Of-Absence accommodation and the New Jersey Law Against Discrimination

11/01/2007

Q. I have an employee who has a handicap, as that term is broadly defined under the New Jersey Law Against Discrimination (NJLAD). It would not qualify as a disability under the ADA. I know that a reasonable accommodation under the ADA can include a short leave of absence. In the absence of an ADA disability, do I have to provide a leave of absence as an accommodation for a handicap under NJLAD? …