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Employment Law

NLRB sides with nurses union in six-year-old dispute

09/24/2010
A Brick social services organization committed an unfair labor practice when it began cracking down on nurses who administered medications after the employees joined a union, according to the National Labor Relations Board.

Denied benefits, former detective suspects foul play

09/24/2010

MaryAnne Cosimano thought she would receive lifetime health benefits when she retired from the Union Township Police Department. But shortly after retiring after 25 years as a Union Township dispatcher, police officer and detective, Cosimano learned she wasn’t entitled to the health benefits after all. Now Cosimano is suing the township, alleging gender discrimination and retaliation.

Remind bosses: Ignoring safety may mean direct liability

09/24/2010
Employees who are hurt—or families of those killed on the job—generally must be content with the payments they’re eligible to receive under the New Jersey workers’ compensation law. There is an exception, however. If an employer knows that a safety hazard exists that will injure or kill an employee and harm results, the harmed parties may go after the employer.

Confusing paystubs? Brace for a class-action lawsuit

09/24/2010
Employees may not always understand their paystubs, especially when they work for different pay rates some of the time or when deductions are taken without clear explanations. The confusion may even prompt employees to band together and sue.

You can’t hide behind your vendor! Before relying on tests, be sure they’re valid

09/24/2010

Are you considering using personality or other screening tests to decide which job applicants to hire? If so, make sure you fully understand what you are doing and how those tests work. There are plenty of companies eager to sell you tests and assessments that they say will take some of the work out of the screening processes. But if those tests aren’t valid and end up screening out members of a protected class, you may be buying more than a test.

Employees post online reviews? They must disclose relationship

09/24/2010
Be careful if your employees are spreading the word about your company’s products and services online. Last year, the FTC issued new Enforcement Guidelines that require employees to disclose their relationships with their employer whenever they post comments or positive reviews about their employer’s product on a social media site.

Would-be bartender pours Applebee’s a shot of trouble

09/24/2010
An Applebee’s restaurant in Fayetteville is facing an EEOC sex discrimination lawsuit after managers allegedly reneged on a promise to promote Amanda Antisdel to a bartending position and then hired a less experienced man instead.

Yates Construction settles race case with money–and more

09/24/2010

Stokesdale-based Yates Construction has agreed to pay two black employees $30,000 to settle racial discrimination, harassment and retaliation charges. Rodney McCants and a co-worker claimed they were subject to racial epithets and jokes in the workplace. When McCants complained about the ongoing harassment, Yates Construction fired him.

Don’t suggest delaying EEOC filing near deadline

09/24/2010
Here’s a tip that could save your organization from a protracted legal mess: When an employee says she’s considering filing an EEOC complaint and you know she doesn’t have much more time left, don’t do anything to dissuade her from filing.

Warn supervisors against any statements about race

09/24/2010

When a supervisor makes negative comments about an employee of a particular race or national origin, that can easily be interpreted as discrimination. And such statements can be enough to propel a lawsuit past the initial stages. Even if the case is later dismissed, a derogatory statement may cost tens of thousands of dollars in legal fees and lost time.