New Jersey

CA enacts workplace social media protections; NJ gets closer

October 1, 2012 | by Eric B. Meyer

Last week, CA became the third state to pass a law that bans employers from requesting online usernames and passwords from employees and job candidates. Maryland was the first state to pass such a law; Illinois was the second.

As in the other two states, not only is it illegal to request online information, but also CA employers may not retaliate against anyone who refuses to turn it over.

There are two carve-outs in the CA law to protect legitimate employer interests. An employer may:

That moment right before the pain begins: an EEOC subpoena

September 19, 2012 | by Eric B. Meyer

Back in July, I blogged here about a federal appellate court recently emphasizing just how broad the subpoena power of the United States Equal Employment Opportunity Commission really is. [Editor’s Note: the technical legal term is “crazazy broad”]

Last Friday, as I was ~~hosting the weekly dip-spit distance shot~~ organizing my office, I saw this opinion from the Third Circuit Court of Appeals which further underscored just how far and deep the EEOC’s outstretched hand can go into your business.

Yeah, you, dude! The one who is not accused of discriminating against anyone, but who may have information relating to a pending EEOC investigation.

What’s in store if you are on the receiving end of that subpoena? Find out after the jump…

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Ethics charges for two lawyers over Facebook friending a litigant

September 5, 2012 | by Eric B. Meyer

It was bound to happen sooner or later…

Mary Pat Gallagher of the the NJ Law Journal reports here (subscription required) that two NJ defense lawyers face ethics charges after their paralegal allegedly friended an attorney-represented plaintiff in a personal injury case.

Details on the allegations and some takeaways for both lawyers and HR professionals after the jump…

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Employer wins lawsuit despite a “pattern of systematic sexual harassment”

August 15, 2012 | by Eric B. Meyer

In Mann v. Staples, Inc., a female employee received unwelcome comments about her appearance and physique, was kissed and groped, and called a “skank ass bitch.” The New Jersey Superior Court, Appellate Division, described this as a “pattern of systemic sexual harassment” — one in which the alleged harasser appeared to have never received any anti-harassment training.

So, what did the court do? It affirmed summary judgment for the employer and dismissed the plaintiff’s Complaint.

What?!?

Find out why, after the jump…

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The 3rd Circuit’s new FLSA joint-employment test…in HAIKU

August 14, 2012 | by Eric B. Meyer

I just re-read yesterday’s blog drivel. What the hell was that?!? As much as I do love the two great tastes that taste great together, that was an utter FAIL and I vow never to incorporate Reese’s Peanut Butter Cups into a blog post again. Unless, of course: (a) a makeshift Peanut Butter Cup bra is prominently featured in a reported sexual harassment case; or (b) Hershey’s wants to discuss some strategic product placement on The Employer Handbook. What can I say? YOLO and even this blogger has his price.

[Editor’s note: I was determined to work YOLO into this blog post. Be nice. Although, my blogging chops are generally sharp, I’m about three months behind on the lingo.]

Focus, Eric. Short blog post. You can handle haiku.

Arrgh! I cannot believe that Haiku-themed blog post, 17 syllables, would require readers to click through past the jump. Ah, whatever. Click through and someone call my editor…

Recipient of nasty racial slurs from an office friend loses bias claim

July 24, 2012 | by Eric B. Meyer

What if I told you that a female black employee was called “monkey” and “nappy head Raggedy Ann” at work?

What if I then told you that the employee subsequently sued in New Jersey state court; quite possibly the most plaintiff-friendly jurisdiction in the U.S. — next to California?

And guess what? She lost. Oh my!

What the heck happened and what can employers learn from this recent decision? Find out after the jump…

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To minimize FMLA lawsuits, hire slow and fire fast (before the FMLA request)

July 18, 2012 | by Eric B. Meyer

In the world of Human Resources, “hire slow, fire fast” generally holds true to avoid just about any lawsuit.

Unfortunately, for one NJ employer, it didn’t get the memo. And now it finds itself having to defend against FMLA interference and retaliation claims at trial.

What did this employer do wrong and how can you avoid making the same mistake? Find out after the jump…

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NJ reaffirms that officers may be personally liable for unpaid wages

July 6, 2012 | by Eric B. Meyer

Want another reason not to enter into a long-term contract with an employee? Click through…

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Employer customer lists: “Whatever you say, dude.”

June 25, 2012 | by Eric B. Meyer

You’re looking to hire a new salesperson. Scott Salesperson comes in to interview. He currently works for your top competitor.

“Scott, do you have a non-competition agreement?”

“No.”

“Scott, do you have a confidentiality agreement?”

“No. In fact, I have a list of my own customers that I could sell to if you hire me.”

Sounds good, right. But, before hiring Scott, do you have any obligation to independently verify the facts that Scott has represented?

New Jersey employers will definitely want to click through because, last week, the New Jersey Supreme Court answered…

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4 pending bills that could change the NJ employment landscape

June 13, 2012 | by Eric B. Meyer

One of my favorite reads on NJ employment law is Ogletree Deakins’s New Jersey eAuthority. The June 2012 issue highlights several pieces of legislation now pending in NJ of which employers should take note. I’ve summarized four of them after the jump…

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