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Employment Law

Don’t tolerate insubordination, rudeness

11/30/2011

You know her—the abrasive em­­ployee who’s just plain hard to work with. Employers sometimes fear disciplining such employees, thinking that any legitimate criticism will be perceived as some sort of discrimination. Stop living in fear.

New rules for commissioned sales employees?

11/29/2011
Q. What are the new developments regarding overtime exemption for commissioned sales employees?

Disabled worker? It may pay to offer commuting accommodations

11/29/2011
While many district courts have found that commuting to work falls outside of the realm of an employer’s obligation to provide reasonable accommodations for disabled employees, some courts have opted to expand upon the ADA by ruling otherwise.

For now, hospital can’t force nurses to assist in abortions

11/29/2011
A federal judge has issued a temporary restraining order that prohibits a New Jersey hospital from forcing 12 nurses to participate in training or services related to abortions.

Small harassment settlement, hold the money in coffee case

11/29/2011
The owner of a coffee shop next door to Camden’s City Hall has flat-out refused to pay a $75,000 settlement intended to resolve six sexual harassment complaints filed by women who once worked there. City Coffee owner Robert Ford says he never signed a settlement agreement—and doesn’t plan to.

After FMLA leave, build bullet-proof case before firing

11/29/2011
It’s certainly possible to terminate an employee who returns from FMLA leave—if you have good reasons un­­related to the FMLA.

No unemployment for employee who quits to retire

11/29/2011

Employees who fear they’re facing disciplinary action may quit. Then they argue that they would have been fired and quit preemptively, so they’re eligible for unemployment compensation. But if the employer can show there really was no good reason for the employee to think her job was in danger, then the employee can’t receive unemployment.

When employee files nonsense lawsuit, leave the legal maneuvering to your attorney

11/29/2011

In HR, sometimes one just has to wait while disputes run their course—like when a terminated employee sues over claims that clearly have no basis in reality. You can’t ignore such a lawsuit, but you should push your attorney right away to resolve the situation.

Beware hidden danger of class-action lawsuits

11/29/2011
Managers may think it’s safe to underpay employees by having them work off the clock or shaving time off their overtime tab because no one has complained. But it takes just one short-term employee to get the lawsuit ball rolling. Before you know it, you will be facing an FLSA and New Jersey Wage and Hour Law class-action suit.

Hidden risk: Do your employee committees violate labor law?

11/28/2011

At first glance, management-employee participation groups seem legally risk-free. But looking deeper, such committees could, under certain circumstances, be viewed as illegal, employer-dominated unions under federal labor law.  Key point: According to a handful of NLRB rulings, an employer commits an unfair labor practice whenever it dominates any “labor organization.”