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Sanrdo Polledri

Q. We recently decided to start making copies of documents that employees provide to complete their I-9 forms (driver’s license, etc.).  Do we need to go back and complete new I-9s for employees hired before this date or ask them to provide the documents again so we can make copies?

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Q. Our employee handbook says nonexempt retail em­­ployees can take an unpaid 30-minute lunch break. However, our store is often very busy and employees often take lunch breaks of only 10 to 15 minutes. Should employees be paid?

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Q. Our company requires employees to work on weekends because those are our busiest days. When we hire, we ask applicants about their weekend availability. Now a few employees claim their religious beliefs have changed and they need time off on Saturdays or Sundays to attend church. Can we turn down the requests based on their original applications?

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While many district courts have found that commuting to work falls outside of the realm of an employer’s obligation to provide reasonable accommodations for disabled employees, some courts have opted to expand upon the ADA by ruling otherwise.

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Q. What are the new developments regarding overtime exemption for commissioned sales employees?

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Q. What recourse do employers have against employees involved in ‘Occupy [Wherever]’ protests during off-time?

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Q. How do I know when to classify a worker as a contractor or a true employee?

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Under what’s called the Cat’s Paw Theory, employers can’t de­­fend themselves against employment discrimination claims by saying they didn’t know a supervisor was biased. The theory was first introduced in Shager v. Upjohn, a 1990 7th Circuit Court of Appeals decision.

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The National Labor Relations Board has been taking a close look at how em­ployers react when they don’t like what their employees post on Facebook. Sur­­prisingly, employers have won several of those cases.

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The New Jersey Supreme Court has just made it easier for whistle-blowers to recover back-pay damages. In Donelson v. DuPont Chambers Works, the state’s highest court expanded the definition of “adverse employment action” and held that an employee can recover lost wages if the employer’s retaliation caused a disability that made the employee unable to continue working.

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