• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Pick an FMLA leave calculation method, stick with it–and inform employees

08/27/2010

The FMLA provides 12 weeks of leave per year, but employers have flexibility for determining when those 12 weeks start and end. Choose one of four possible calculations and let employees know which one you’re using. Otherwise, courts will use the one that gives employees the best deal.

Princeton Healthcare System hit with ADA suit

08/26/2010
The EEOC has filed suit against Princeton Healthcare System, claiming its leave policies violated the ADA. According to the EEOC complaint, Princeton Healthcare fires employees who aren’t eligible for leave under the FMLA if they cannot return to work in seven days.

FMLA eligibility: DOL expands definition of ‘son and daughter’

08/25/2010
The U.S. Department of Labor recently clarified the definition of “son and daughter” under the FMLA, effectively requiring employers to include same-sex partners, grandparents and other nontraditional family caregivers within the universe of employees eligible for FMLA leave.

When the riffed ‘group’ is just one worker, expect a lawsuit

08/25/2010

When the borough of Netcong implemented a reduction in force, 28-year employee Delores Colabella was the only employee whose position was eliminated. Colabella suspected her termination might have something to do with her age. She’s 72. Now she is suing the borough for age discrimination.

Morris cop, fired up about gun rules, files ADA lawsuit

08/25/2010
A Morris County police officer is suing the county for lost wages stemming from a restriction against firing guns during her pregnancy.

Courts don’t require employers to have crystal balls

08/25/2010

Sometimes, people sue everyone they believe may somehow have been responsible for their misfortunes. When someone has been seriously harmed by one of your employees, your organization becomes an attractive target. Fortunately, an employee’s past conduct unrelated to the allegation won’t put the employer in hot water.

Bad news: You’re going to be sued–Good news: Be fair and you’ll win

08/25/2010

It’s a fact of life: As an HR professional, you and your employer will be sued. You can’t tell which applicant, employee or former employee will litigate, but you can be prepared. Insulate yourself and your company by reviewing all decisions for fairness. For example, something as seemingly minor as failing to provide small incentive-based benefits can mean a long and expensive lawsuit.

Safety trumps faith: Feel free to ban religious garments if they pose a workplace hazard

08/25/2010
Employees have the right to wear religious garb to work, within limits. Under most ordinary circumstances, for example, Muslim women should be allowed to wear head coverings if they hold the sincere belief such coverings are required of their religion. But if the head covering presents a safety issue, chances are an employer can ban the covering.

Take advantage of delay on N.J. medical marijuana law

08/25/2010
New Jersey’s new medical marijuana law won’t take effect until next year, a last-minute move that has implications for employers with policies concerning employee drug use. Take advantage of the delay to ensure your drug-abuse policies are aligned with the new law. If an employee can legally use medical marijuana, how will you enforce your legitimate interest in maintaining a workplace where safety isn’t compromised by intoxicated workers?

Partner or employee? Degree of control matters

08/25/2010
If yours is a business engaged in professional practices like law, medicine or accounting, your organization may have partners or shareholders who receive paychecks. Know that such shareholders probably can’t sue for discriminatory practices under Title VII and other anti-discrimination and employment laws.