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5 HR Errors that Leave Companies Exposed to Litigation

By | January 19th, 2015|Categories: Firing Issues, Hiring Issues, Policies & Handbooks, Wage & Hour|Tags: |

These 5 common business errors that make defending an employment lawsuit harder come from the California Employment Law Report, and they are as true on the east coast as the west. In our experience, smaller and middle sized businesses without a dedicated HR person are particularly susceptible to these mistakes.  All depend in one way or [...]

Changing Time(s) for Employment Litigation?

By | January 5th, 2015|Categories: CEPA/Whistleblower, Employment Law News, Firing Issues, Hiring Issues, Law Against Discrimination (LAD), Policies & Handbooks|Tags: |

The New Jersey Supreme Court will review the decision of the Appellate Division in Rodriguez_v._Raymours_Furniture. Why should you care?  Because there is a lot at stake --- for both employers and employees --- in how this case is finally decided. In a nutshell, this is the issue.  Under the NJ Law Against Discrimination, the statute [...]

Are You an Employee or an Independent Contractor?

By | January 25th, 2014|Categories: Hiring Issues|Tags: |

The answer to that question makes a difference because it determines how the IRS views you, how you are taxed, and what tax obligations your employer has regarding you.  We often get questions about whether someone is an employee or a contractor.  The answer, unfortunately, often is not simple. To prove how murky the analysis [...]

Facebook Controversy Spawns Legislation

By | March 26th, 2012|Categories: Hiring Issues|

Well, that didn't take long. Once the news broke that some employers are requiring Facebook log-ins, or other access, to personal information, politicians and the media waded into the fray.  Our previous posts on the subject are here and here. Now NJ Assemblyman John Burzichelli (D-3) has introduced legislation that would make it unlawful for [...]

Another Facebook Hazard for Job Seekers

By | March 20th, 2012|Categories: Hiring Issues|Tags: |

We've long known that employers are searching social media sites as part of their background investigation of job applicants.  So the applicants have taken to blocking the public at large from accessing portions of their Facebook (for example) pages.  That keeps the pictures of the drunken college beer bashes away from prying eyes. So some [...]

The Art of Interviewing: “It Ain’t What You Say . . .”

By | February 27th, 2012|Categories: Hiring Issues|Tags: |

"It's the way that you say it."  So an old song reminds us. This short article reminds us that there are wrong ways for employers to ask questions in job interviews.  Smaller businesses, which often do not have professional HR staff or the time or budget to invest in HR training, are particularly susceptible to [...]

Seminar on Hiring & Firing for NJ Businesses

By | March 22nd, 2011|Categories: Employment Law News, Firing Issues, Hiring Issues|Tags: |

On April 7, 2011 I will be speaking at a seminar entitled "How to Hire and Fire Without Getting Burned."  The seminar is sponsored by the Somerset County Business Partnership and will run from 8 - 9:30 a.m. in the Partnership's main conference room. Jim Burke from J. Burke Advisors and yours truly will be [...]

Some Good Thoughts from California on Social Security Mis-Match Letters

By | October 23rd, 2009|Categories: Hiring Issues|Tags: , |

Here's a good post from the left coast, specifically the California Labor & Employment Law Blog, on how employers should respond to Social Security mis-match letters.  There have been some changes in the law, and it's worth reading, especially by employers, who have an obligation to resolve discrepancies or face liability.

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