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Employment Law

Overqualified new hire? Look out for sex disparity

06/01/2007

Have you offered a well-qualified applicant a lower-ranking position than her experience indicates she’s qualified to perform? If so, better make sure there’s no sex disparity in your hiring patterns …

Recalled employee may be eligible for FMLA leave

06/01/2007

When employees are temporarily laid off with the right to return during a recall, all the regular rules for FMLA time off apply on the day of the recall. That’s because a break in service doesn’t destroy the employee’s eligibility …

Prepare to justify why your hire beat rest of applicants

06/01/2007

Do you routinely receive many applications from people who are clearly well-qualified for open positions? If so, how can you safely narrow the field to only the most qualified? The larger the applicant pool, the more likely it is someone will sue for discrimination …

Don’t be caught by surprise: Spell out harassment policy

06/01/2007

Your anti-discrimination and harassment policy won’t help much if employees don’t know it exists or how to make complaints. If they suffer in silence, the first you’ll know about harassment may be when you receive an EEOC or a New Jersey Division of Civil Rights complaint …

Double-Check race and sex mix of promoted work force

06/01/2007

It seems counterintuitive: Managers and supervisors must be colorblind when selecting employees, yet HR absolutely should track the racial and other characteristics of those who are promoted …

Stick to objective standards to avoid needless litigation

06/01/2007

If your organization is like most, you want to promote from within to build morale and reward hard work. How you handle those promotions can spell the difference between a harmonious and productive workplace and a discordant one, rife with jealousy and resentment …

Quickly correct payroll deduction errors to avoid gross-Negligence suits

06/01/2007

Nothing upsets employees more than opening their pay envelopes and discovering their checks are for less money than they expected. But errors do happen. When they do, it’s important to act quickly to fix the problem …

When religion may prevent dress code compliance, check further before discipline

06/01/2007

Employers can establish reasonable dress code requirements, including grooming standards. However, it’s not an absolute right … If an employee cites religious reasons for not complying with the dress code, look further. Don’t automatically discipline …

Grappling With the ‘Uncharted Territory’ of N.J. Civil-Union Law

06/01/2007

The New Jersey law that grants all the rights and responsibilities of marriage to civil-union couples has plunged employers and employees into a legal quagmire …

Big verdict for shallow pockets: Passaic workers to pay $2.6 million

06/01/2007

When Michigan-based Masco Corp. closed its Bath Unlimited plant in Passaic and laid off more than 115 employees, 86 of them filed workers’ compensation claims. Masco smelled a rat, and took an unusual step …