Articles Posted in New Jersey

Jennifer O’Brien has a master’s degree in education and certifications as an elementary school teacher and supervisor.

All that education and no common sense.

You’ll see what I mean after the jump. It’s what we wordsmiths call a s&!*storm of a clusterf#%k.

* * *

Continue reading

Hurricane Sandy: Day 2

To my east-coasters, I hope this post finds you safe and dry.

 

Me? Hey, thanks for asking. Our Philly home kept power throughout and we otherwise made it through unscathed. Still, Philadelphia remains in a state of emergency. The City is essentially shut down. Most of the major surrounding highways have been off-limits. And, for a second day in a row, for the safety of the drivers and the riders, there is no public transportation in the City.

That means that local businesses too opted to close on Monday, and remain closed on Tuesday. Well, most of them.

To the chagrin of some employees affected by the Hurricane, they had to work. And they have vented on Twitter.

After the jump, what your employees tweeted about working (or, maybe, not so much) during Hurricane Sandy…

[Don’t shoot the messenger]

* * *

Continue reading

I’d better remember to post this now before I get bitten and turn into a zombie and munch on your face..

[Note to self: Less of “The Walking Dead,” more sleep].

On November 19, 2012, this new law will take effect in NJ, which will require employers of 50 or more employees (zombies not included) to notify their workforce about “the right to be free of gender inequity or bias in pay, compensation, benefits or other terms or conditions of employment under the ‘Law Against Discrimination.”

Janette Levey Frisch, In-House Counsel at Joule, Inc., has guest-blogged here before (here and here). As you know from her posts here, she is a fantastic employment lawyer. Now you can reap more of the benefits by checking out her brand new employment-law blog: The Emplawyerologist (http://theemplawyerologist.wordpress.com/).

Welcome Janette!

Last week, CA became the third state to pass a law that bans employers from requesting online usernames and passwords from employees and job candidates. Maryland was the first state to pass such a law; Illinois was the second.

As in the other two states, not only is it illegal to request online information, but also CA employers may not retaliate against anyone who refuses to turn it over.

There are two carve-outs in the CA law to protect legitimate employer interests. An employer may:

Back in July, I blogged here about a federal appellate court recently emphasizing just how broad the subpoena power of the United States Equal Employment Opportunity Commission really is. [Editor’s Note: the technical legal term is “crazazy broad”]

Last Friday, as I was hosting the weekly dip-spit distance shot organizing my office, I saw this opinion from the Third Circuit Court of Appeals which further underscored just how far and deep the EEOC’s outstretched hand can go into your business.

Yeah, you, dude! The one who is not accused of discriminating against anyone, but who may have information relating to a pending EEOC investigation.

What’s in store if you are on the receiving end of that subpoena? Find out after the jump…

* * *

Continue reading

It was bound to happen sooner or later…

Mary Pat Gallagher of the the NJ Law Journal reports here (subscription required) that two NJ defense lawyers face ethics charges after their paralegal allegedly friended an attorney-represented plaintiff in a personal injury case.

Details on the allegations and some takeaways for both lawyers and HR professionals after the jump…

* * *

 

Continue reading

In Mann v. Staples, Inc., a female employee received unwelcome comments about her appearance and physique, was kissed and groped, and called a “skank ass bitch.” The New Jersey Superior Court, Appellate Division, described this as a “pattern of systemic sexual harassment” — one in which the alleged harasser appeared to have never received any anti-harassment training.

So, what did the court do? It affirmed summary judgment for the employer and dismissed the plaintiff’s Complaint.

What?!?

Find out why, after the jump…

* * *

Continue reading

I just re-read yesterday’s blog drivel. What the hell was that?!? As much as I do love the two great tastes that taste great together, that was an utter FAIL and I vow never to incorporate Reese’s Peanut Butter Cups into a blog post again. Unless, of course: (a) a makeshift Peanut Butter Cup bra is prominently featured in a reported sexual harassment case; or (b) Hershey’s wants to discuss some strategic product placement on The Employer Handbook. What can I say? YOLO and even this blogger has his price.

[Editor’s note: I was determined to work YOLO into this blog post. Be nice. Although, my blogging chops are generally sharp, I’m about three months behind on the lingo.]

Focus, Eric. Short blog post. You can handle haiku.

Arrgh! I cannot believe that Haiku-themed blog post, 17 syllables, would require readers to click through past the jump. Ah, whatever. Click through and someone call my editor…

Continue reading

What if I told you that a female black employee was called “monkey” and “nappy head Raggedy Ann” at work?

What if I then told you that the employee subsequently sued in New Jersey state court; quite possibly the most plaintiff-friendly jurisdiction in the U.S. — next to California?

And guess what? She lost. Oh my!

What the heck happened and what can employers learn from this recent decision? Find out after the jump…

* * *

 

Continue reading

“Doing What’s Right – Not Just What’s Legal”
Contact Information