Human Resources

From employment law to compensation and benefits, FMLA and hiring and firing and more, Business Management Daily provides comprehensive Human Resources updates.

Discover how your colleagues – and competitors – are dealing with discrimination and harassment, employment law, benefits programs, and more.

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Q. If an employer is not covered by the FMLA, is the employee entitled to leave time for the birth of a child, the employee’s serious medical condition or the serious medical condition of a family member? ...

Q. We have a number of employees who smoke cigarettes and want to take breaks in order to light up. Is an employee entitled to smoking breaks during the workday? ...

Once an employer knows an employee will need FMLA leave, it cannot use that knowledge to the employee’s disadvantage. That’s true even if it’s only possible that the employee may need leave. It raises serious suspicions about your motives if you fire an employee shortly after he delivers notice he may need FMLA leave—and practically guarantees a lawsuit ...

Q. We have several employees who have children in school and sometimes want to leave work early to attend recitals, sports events and other school activities. Are employees who are parents entitled to a leave time to attend their children’s school activities? ...

Both the ADA and the New Jersey Law Against Discrimination make it illegal to retaliate against disabled employees who engage in what the law calls “protected activity.” Filing an EEOC complaint, testifying against an employer or cooperating in a government investigation are protected activities. So are more informal activities, such as discussing accommodations with a supervisor or HR ...

In a sign of how heated local politics can become, Frank Weeden, unsuccessful candidate for the Trenton mayor’s office, has filed a complaint with the city concerning the residency status of the police director and the director of communications ...

Sometimes, a problem employee claims harassment as a way to protect herself from legitimate discipline. When that happens, it may be tempting to ignore such claims on the presumption they are bogus. It may be tempting to dismiss her complaints as much ado about nothing. But you’ll ignore her at your own peril ...

If you self-insure your workers’ compensation liability or otherwise directly control how your employees go about getting treatment for work-related injuries, make sure the medical professionals involved in your employees’ care are properly licensed and meet all requirements of their licenses. Otherwise, you may face liability for the negligent mistakes of health care practitioners ...

New Jersey’s Conscientious Employee Protection Act (CEPA) is widely regarded as one of the most far-reaching whistle-blower laws in the country. It protects employees against retaliation if they bring attention to possible illegal activities. If an employee comes forward with a report of suspected wrongdoing, even if you believe he is incorrect, be very cautious about disciplining the employee ...

If, like many employers, you want to avoid the risk of a jury trial or a judge’s unpredictable decision, you may have considered requiring employees to agree to use arbitration to settle workplace disputes. But if the agreement doesn’t conform to New Jersey’s contract laws, you may end up spending time and money defending the agreement instead of arbitrating disputes ...

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