Employers must give careful consideration to questions asked during the hiring process. While most employers are aware that they cannot ask questions that directly relate to a prospective employee’s protected status (age, gender, religion, national origin, disability, etc.), employers also need to be mindful to exercise care when inquiring into…
An employer may find itself in a position where, without immediate relief, it may suffer a loss that cannot be made whole by monetary damages alone. For example, a party may feel that a breach of contract or impending breach of contract requires immediate action to protect its interests and…
The termination of an employee requires careful consideration of business and legal issues. There are various legitimate reasons as to why companies terminate employees including, but not limited to, misrepresentation of experience, education, or qualifications; inadequate job performance; violation of work rules or employer policy; unexcused absences and excessive tardiness;…
Employees’ use of social media in the workplace can be harmful to employers both legally and from a public relations standpoint. It can decrease company morale in the event employees choose to use social media as a forum to complain about their employer. It can also be costly to employers,…
Employees are eligible for 12 weeks of unpaid leave under both State and Federal Law. Under Federal law, the Family and Medical Leave Act (“FMLA”) governs employee leaves of absences whereas the New Jersey Family Leave Act (“NJFLA”) governs State leave. While there are some similarities between the two Acts,…
The floodgate of sexual harassment allegations spawned by the #MeToo movement is evidence that employers are dropping the ball on fostering work environments free from inappropriate sexual behaviors. The good news is there are simple things an employer can do to prevent workplace harassment from occurring in the first place,…
In NJBIA’s recent article, Kathleen Connelly, a member of Lindabury’s Employment Law practice group, discusses the U.S. Department of Labor’s (DOL) new test to determine if a student intern is an employee, which may make unpaid internships a more viable option for employers. “By no means is this a green…
The change in administrations has brought a series of reversals of the Obama era’s less than employer-friendly positions by the U. S. Department of Labor (DOL) and the National Labor Relations Board (NLRB or Board). This article highlights some of the favorable recent developments from these agencies that may be…
Effective Monday, January 8, the New Jersey Law Against Discrimination was amended to include breastfeeding as a protected status. As a result, an employer cannot refuse to hire, cannot discharge, and cannot treat someone adversely with regard to the terms, conditions or privileges of their employment because that employee is…
On August 29, 2017, the Office of Management and Budget (“OMB”) announced that it was immediately suspending the revised Equal Employer Information Report (“EEO-1 Report”), which included burdensome pay reporting obligations for employers. Previously, the EEO-1 Report directed federal contractors and employers with 100 or more employees to report annually…