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Employment Law

McDonald’s not lovin’ it after teen harassment settlement

11/24/2010

The owner of a McDonald’s franchise in Perth Amboy will pay $50,000 to settle an EEOC harassment lawsuit filed on behalf of a male teenager who once worked at the restaurant. The boy complained that an assistant store manager made lewd comments and inappropriately touched, hugged and even spanked him.

Does the Port Authority pay female attorneys less than men?

11/24/2010

The EEOC has sued the Port Authority of New York and New Jersey, alleging it pays male lawyers much more than women who perform the same work. On behalf of three plaintiffs, the EEOC seeks class certification for all female attorneys affected by the allegedly discriminatory pay policies.

Bill would bar credit checks for most jobs in New Jersey

11/24/2010
State Sen. Shirley Turner has proposed a bill that would prevent employers from using credit checks during the hiring process in many cases. Citing the downturn in the economy, Turner and other bill supporters note that many people have less than perfect credit, and that shouldn’t keep them from getting jobs.

Courts crack down on workers who wait years to sue

11/24/2010
Courts are losing patience with employees who think they can sue their employers years after alleged discrimination or harassment.

When employee sues, beware whistle-blower add-on that alleges violation of public policy

11/24/2010

New Jersey’s Conscientious Employee Protection Act protects employees who blow the whistle on wrongdoing. That can include reporting conduct that the employee reasonably believes violates “a law, rule or regulation … or a clear mandate of public policy.” The employee doesn’t have to get very specific, especially claiming he blew the whistle on conduct that violates public policy.

Make sure post-firing documentation doesn’t pile on extra reasons for termination

11/24/2010
Remember this the next time you have to terminate an employee: If you plan to prepare a post-discharge summary, don’t succumb to the temptation to add new reasons to justify the firing. Post-discharge memos should simply describe the decision and how you carried it out, not look like an attempt to justify a decision made earlier.

N.J. may add another protected category: the unemployed

11/24/2010

It may soon be illegal for New Jersey employers to discriminate against applicants because they are unemployed. The State Assembly in October passed legislation prohibiting employers and recruiters from placing anything in job ads that would discourage unemployed persons from applying.

Management exemption looks at duties, not time

11/24/2010

Retail managers are generally responsible for everything that happens in their stores. But they often spend most of their time doing the same work that hourly employees do. Even so, they may qualify as exempt employees under the FLSA. It’s the quality of the management work they do that counts, not the number of hours they spend doing it.

Which one is tougher: NJLAD or the ADA?

11/24/2010
Some New Jersey employers don’t fully realize that it’s far easier for an employee to claim disability under state law than it is under the ADA. And if an employer underestimates its state obligations, it might fail to accommodate the employee. And that probably means a lawsuit.

Tell bosses: Don’t nudge staff into retirement

11/24/2010

Remind supervisors to avoid comments that could be interpreted as pushing soon-to-retire workers out the door. If an older employee has to be terminated, a supervisor’s not-so-subtle hints at retirement will make it easier to persuade a court that age was the supervisor’s true reason for the firing.