Employment Law

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One of the toughest tasks for HR is to decide which employees are supervisors. Employers need to know this because supervisors are excluded from a collective bargaining unit for union organizing and voting purposes ...

The Conscientious Employee Protection Act (CEPA) prohibits retaliation against New Jersey employees who bring to light illegal or unethical workplace practices ...

Q. One of our employees was recently in jail for traffic and drug violations. Before he returns to work, what guidelines can we follow to ensure that he's drug-free? Will we be discriminating if we require a drug test before allowing him back on site, even though we didn't require this test when he was hired? —M.Z., Washington

Q. Can we give an exempt employee extra vacation days in addition to the standard accrued time off outlined in our employee handbook? —T. L., Maryland

Q. What are the legal ramifications of requiring all employees to work a minimum of 45 hours a week (nine hours a day)? Everyone in the office is an exempt employee. —S.M., New Jersey

Q. If we let some employees in a department return to work in a light-duty capacity, can we deny other employees that same option? We need to do this because the department no longer can operate properly with half its staff on medical leave or limited to light duty due to medical conditions. The union contract says that when an employee is eligible for medical leave, six months must pass before we may terminate the employee. —D.W., Illinois

When an employee complains about race discrimination, you know to immediately investigate. But what if a manager complains about her subordinate's racial comments? Can the company tell the manager to hold off disciplining the employee until it's had a chance to investigate the discrimination claim? Yes, as a new ruling shows ...

As an employer, you can't always wait on a background check before offering a job, so you have to rely on applicants' oral and written statements to make the offer. But when the background check comes back to reveal that the person lied, you have the absolute right to terminate that individual for dishonesty ...

The federal job anti-discrimination law (Title VII of the Civil Rights Act) prohibits two types of discrimination: disparate treatment and disparate impact. Because automated tests, such as résumé-screening programs, are blind to applicants' race, religion, gender and national origin, they likely can't create a disparate-treatment case. However, such programs can still have a disparate impact on minorities ...

Unions are dead. You may have been hearing that for years. But radical reforms by the labor movement have added new energy to its organizing efforts ...