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Employment Law

Snow days: Must you pay when weather keeps workers home?

01/28/2011

In the wake of the recent snow emergencies that swept across the Northeast, many employers have been trying to figure out when and if they have to pay their employees when work is shut down due to severe weather conditions. For the most part, the answer depends on an employee’s status under the Fair Labor Standards Act.

Newark software firm settles H-1B visa complaint

01/28/2011
Newark-based Peri Software and its owner have agreed to pay $638,449 in back wages and interest to 67 employees after the company misused the H-1B visas the workers used to enter the United States.

Court approves arbitration for NJLAD harassment claims

01/28/2011
A New Jersey appellate court has concluded that arbitration agreements can cover claims under the New Jersey Law Against Discrimination.

Always remind employees of their FMLA rights

01/28/2011
Some employers are especially generous when it comes to allowing employees time off for illness and other needs. Some even pay employees during their leave and allow them to use accumulated leave that extends far beyond 12 weeks. But that doesn’t mean they shouldn’t also tell employees about their FMLA rights.

New hire’s skills and pay top ex-employee’s? Justify based on business needs

01/28/2011

Judges see a lot. It’s usually pretty easy for them to figure out when an employer is trying to use “the lousy economy” as a pretext to discriminate against an employee. But judges are also good at recognizing when discrimination hasn’t been a factor in an employment decision.

If fear is a factor, fire threatening employee

01/28/2011

It’s a legitimate workplace fear: Someone with emotional or mental problems will act out against co-workers. Sometimes, the consequences are deadly. Most of the time, threats of violence are just words. But words are enough to justify firing an employee who expresses intent to do harm, because of the fear that it instills in others.

How should learning disabilities be documented?

01/28/2011
Q. We have an employee who claims he has a learning disability and needs accommodations. What kind of documentation can we ask for? And do we have to pay for a medical assessment?

Are we allowed to require overtime?

01/28/2011
Q. Right now, we don’t want to hire anyone permanently and think it would be more cost effective to require our employees to work overtime instead. Can we force employees to work overtime?

The postponed Medicare reporting requirement: what you need to know

01/28/2011
The Centers for Medicare and Medicaid Services recently postponed until next year a requirement that certain partially self-insured employers must report any one-time or lump-sum payments to persons entitled to Medicare benefits. The requirement was to have applied to payments made in connection with settlements, judgments or awards involving the release of potential liability for medical expenses.

SoCal fashion company owes $887K in unpaid wages, overtime

01/28/2011
Orange County’s Laundry Room Clothing had a hard time making payroll during the depths of the Great Recession. Now the men’s fashion manufacturer must make amends big time to the employees it stiffed.