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Employment Law

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 …

Teachers’ age discrimination suit doesn’t make the grade

09/01/2007

A court has dismissed three Livingston teachers’ age discrimination lawsuit for lack of merit. The teachers filed suit under New Jersey’s Law Against Discrimination after they were transferred to different schools late in their careers …

Retirees can sue employers who mismanage retirement investments

09/01/2007

The 3rd Circuit Court of Appeals has expanded the class in a class-action suit brought by former workers and retirees against their employer. The case centers on Conexant Systems Inc., which offered its own stock among the investment options employees could choose from when structuring their 401(k) plans. The stock fell from $7.42 per share to $1.70 in seven months during 2004 …

LAD: ‘Reasonable’ accommodation does not mean ‘Permanent’

09/01/2007

Many employees have some type of medical condition or disability that affects their ability to perform their jobs. Employers need to understand their obligations to disabled employees and the rights granted to disabled employees under New Jersey law. A decision recently handed down by the New Jersey Supreme Court clarifies exactly what obligation employers have to accommodate disabled employees under the New Jersey Law Against Discrimination …

One mistake won’t sink fluctuating workweek election

09/01/2007

Employers that use the Fair Labor Standards Act’s fluctuating workweek method to calculate pay should take heart!  Making one innocent deduction mistake doesn’t mean you can never use the method again …

Catch reverse discrimination before it becomes federal case

09/01/2007

Is your organization going through a transition period marked by discharges and new hires? If so, take a quick look at your pre- and post-transition work force composition. If the diversity of your work force has changed dramatically, you may need to consider the possibility of a federal lawsuit hitting you next. If this sounds familiar, rethink your strategy before it’s too late …

EEOC ruled against you? Don’t simply settle

09/01/2007

In EEOC hearings, employers get a chance to defend their actions, and the agency often concludes that the employer did no wrong. But what about instances when the agency sides with the employee? Should you immediately accept defeat and settle the case? Not if you’re settling because you’re worried that the EEOC decision might become part of a federal lawsuit …