• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Phone privacy: It’s your property

09/01/2007

Q. Can employers eavesdrop on their employees’ phone conversations at work, or listen to their voicemail messages in the company voicemail system? …

It’s up to employers to prove they’re acting in good faith

09/01/2007

You’ve no doubt heard the adage that ignorance of the law is no excuse. But what you may not know is that it’s up to employers to prove they took concrete steps to overcome that ignorance if the law in question is the Fair Labor Standards Act …

Intermittent-Leave Abuse? Double-Check Facts Before You Act

09/01/2007

Do you have employees on intermittent leave? Are they leaving work early for “medical reasons” at predictable times? Then your organization may be the victim of intermittent-leave abuse. It may be tempting to discipline or fire employees whose leave patterns (e.g., falling on Mondays or Fridays) suggest abuse. But you’re better off investigating thoroughly before you act  …

You must notify employee when leave is almost up

09/01/2007

Employees nearing the end of their 12 weeks of FMLA leave have the right to know when it will expire. You can’t simply calculate when the time will run out and not give a “heads up.” In fact, silence may operate as an unspoken extension. What’s more, expect an FMLA lawsuit if you then refuse to reinstate the employee because she took too much leave …

NJ Supreme Court says contractors may qualify for whistle-Blower protection

09/01/2007

The New Jersey Supreme Court has ruled that the Conscientious Employee Protection Act (CEPA) protects many independent contractors. The court said the law covers “any individual who performs services for and under the direction of an employer for wages or other remuneration” …

Train interviewers to not comment on employees’ promotion chances

09/01/2007

Unless they clearly understand they must treat all job candidates with the utmost respect and stick to job-related questions, supervisors inexperienced in HR matters can turn a simple hiring or promotion into a lawsuit …

New Jersey employers targeted for IRS contractor audits

09/01/2007

New Jersey employers that use independent contractors should make sure all their documentation is in order. New Jersey is part of a pilot project initiated by the IRS to identify employers that provide 1099 forms for contract workers who should be paid as employees …

Thought hiring a lawyer would cost too much, huh?

09/01/2007

A whistle-blowing nurse represented himself in his Conscientious Employee Protection Act case against his former employer. He won $3,500, but received no lost wages …

Court tells brokers that state overtime claim is overkill

09/01/2007

A group of financial advisors with WM Financial Services has sued the company under the federal Fair Labor Standards Act (FLSA) and several state laws. Their complaints are many, but largely revolve around overtime pay they say the company owes them and disputes over how their commissions were calculated …

Man claims sexy co-Worker caused anxiety and stress

09/01/2007

A Lucent Technologies employee sought reasonable accommodation under New Jersey’s Law Against Discrimination after claiming a female employee sexually harassed him and retaliated against him for reporting her behavior. Among other things, the man alleges the co-worker touched his head with her breasts on one occasion, made five sexually suggestive comments over a period of several months, and wore tight-fitting, sexually provocative clothing …