NJ courts will focus on how businesses educate their employees about anti-harassment policies.
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 [...]
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 [...]
The important takeaway for most businesses is to have considered the possibility that tragedy can strike unexpectedly and be prepared with at least a general plan of action to deal with the possibility.
As someone who has not yet ventured in any significant way into the world of social media (except for this blog, of course!), I missed the buzz about the recent launch of Google Buzz. As explained in this post from Mark McCreary at the Privacy Compliance & Data Security Blog, Buzz raises significant problems for [...]
Postings. (Not the blog kind.) You know them. They're the things in inscrutably fine print that hang on the lunch room bulletin board and nobody reads. While often hidden, they're easy to find if you'll just look under the softball team's schedule and the reminders about the who's supposed to bring the potato salad to [...]
This second installment in our August series on HR basics deals with the subject of employee handbooks. Here are questions about handbooks that you should be asking yourself during your late summer HR self-evaluation. If I have one, when was it last reviewed for currency? If I don't have one, do I need one? How [...]
Stengart v. Loving Care Agency, Inc. is a new decision from the NJ Appellate Division that will reverberate among employment and business practitioners for a long time. While primarily concerned with the confidentiality of employee communications made through a business-owned computer system, it also addresses the enforceability of business policies as published in employee handbooks [...]
Employers: if you want your arbitration agreements to hold up, two things are crucial. First, you must be able to point to a clear and unambiguous policy to arbitrate discrimination claims. Second, you must be able to prove that the employee actually knows about it. This formula has been recited ad nauseum by the courts, [...]
If you own or run a business, they really do think you're crazy. If, that is, you don't have an effective sexual harassment policy to protect you from respondeat superior liability. Coincidentally, we blogged on this subject on October 3 in the context of the NJ Appellate Division's opinion in Cerdeira v. Martindale-Hubbell. Here's a [...]