Do I have your attention now? Early next year, the Construction Workplace Misclassification Act goes into effect. Signed in October, 2010, this legislation provides criteria for classifying a person as an independent contractor (versus an employee) in the construction industry. If you operate a business in the construction industry, you…
The Employer Handbook Blog
On NJ juries, Google, and Facebook.
New Jersey has lots of these. What could possibly beat a New Jersey jug handle? Anything really. But will you settle for three short items involving social media and the courtroom? If so, hit the jump. If not, here’s a Wikipedia post about the history of jug handles.
Unions are using social media to organize YOUR workforce.
Even without theNational Labor Relations Board may decide cases in a way that enhances the union’s ability to organize a workforce. The the Board may also place additional limits on employer speech rights and attempt to give union organizers access to an employer’s workplace. But even without direct, on-site access…
Hi, PA, NJ, and DE employers. Meet GINA.
Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009. Nearly a year later, the EEOC published the final GINA regulations. How does this law affect employers? I’ll break it down for you after the jump.…
FMLA: Calculate holiday leave correctly
FMLA Insights has a very timely post about how to calculate FMLA leave around the holidays. I’ll summarize it for you after the jump. Regular leave If an employee is out on regular FMLA leave, and would have missed the entire week anyway, the week is counted as a…
New Jersey applies Lilly Ledbetter Act to LAD case
The New Jersey Supreme Court in
EEOC sets new records for complaints received
According to a report from the Bureau of National Affairs, more employees than ever are filing complaints with the United States Equal Employment Opportunity Commission. The Equal Employment Opportunity Commission received a record 99,922 private sector discrimination charges in fiscal year 2010 but managed to keep its charge backlog almost…
Fired employee gets re-hired after raising discrimination claims
Religious discrimination claims are skyrocketing. A supervisor at a local shoe store didn’t get the memo. Guess how that turned for him…
How enforceable is a non-solicit agreement after you fire an employee?
To answer your question, it depends. And in Pennsylvania, there are a lot of factors that a court will consider, based on a recent case decided by the Pennsylvania Superior Court. But, unlike many prior Pennsylvania decisions that deal with the enforceability of a non-competition agreement after an employee is…
1 lactating employee + 0 place to pump = 1 messy complaint
The Patient Protection and Affordable Care Act , enacted earlier this year, amended the Fair Labor Standards Act (FLSA) to require a “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth each time such employee has need to…