Government, Courts and the World of Work

Good Cause Needed to Get Psychiatric Clearance from Confrontational Employee

John Sarno — Mon, 02 May 2016 18:47:50 +0000

N.J. Appellate Division (2016) In the Matter of Paul Williams, Township of Lakewood,

In this case, the Lakewood Township manager received an anonymous letter purportedly from a “very concerned employee at Lakewood Public Works.” The unsigned letter stated:

“I am writing this letter because I am very concerned about the mental [...]

Court Finds No Right to Privacy in Web Browsing at Work

John Sarno — Mon, 11 Apr 2016 17:20:00 +0000

Liebeskind v. Rutgers, N.J. Appellate Division

A computer specialist, who was observed on his work computer during working time spending an inordinate amount of time on non-work-related activities, was fired after his internet browsing history revealed numerous non-work-related internet sites. Among other things, the employee sued for wrongful termination, alleging invasion of privacy.

While the [...]

Paid Sick Days Advance Nationally, Stall Statewide but Gain Momentum Locally

John Sarno — Wed, 24 Feb 2016 22:40:01 +0000

On Labor Day, 2015 President Obama signed an executive order taking aim at federal government contractors and imposing new requirements on certain employers to provide paid sick days to employees.

Executive Order 13706 requires that certain federal contractors provide employees with up to seven days of paid sick leave per year. The order closely mirrors [...]

Firing Workers or Reducing Hours Unlikely to Violate Health Laws

John Sarno — Fri, 19 Feb 2016 22:27:56 +0000

As major restaurant chains such as Papa John’s and Applebee’s threaten to fire workers or reduce their hours rather than provide affordable coverage under the Affordable Care Act, it is unclear what remedies, if any, employees would have for wrongful termination or demotion.

Under the Act, it is unlawful to discriminate or retaliate against an [...]

Employers Face Retirement Savings Crisis

John Sarno — Fri, 12 Feb 2016 20:28:19 +0000

Last year the Employers Association of New Jersey convened a conference and learned about America’s retirement savings crisis – thirty eight million Americans have no private savings accounts; the median retirement account balance is $3,000 for all working households and $12,000 for near retirement households.

We learned that many employers face workforce challenges, as workers [...]

Breaking New Ground, EEOC to Scrutinize Employer Social Media Policies

John Sarno — Tue, 26 Jan 2016 19:31:47 +0000

Social media issues should already be on employers’ radars, especially in light of a ruling last year by the National Labor Relations Board that Facebook “likes” constitute legally protected activity.

Now this year, the Equal Employment Opportunity Commission is joining the fray and is expected to scrutinize employer restrictions of employees’ social media use.

In [...]

EANJ Launches Retirement Savings Trust for Employers

John Sarno — Thu, 19 Nov 2015 21:28:12 +0000

For years, association members have complained about how their 401(k) and profit sharing plans have been managed – financial institutions that churn accounts, paying undeserved fees, brokers with undisclosed conflicts and generally shoddy service of their retirement plans.

In response, EANJ has launched EANJ Retirement Advantage, a Multiple Employer Plan (MEP), so that employers can [...]

Executive Order Cracks Down on Federal Contractors

John Sarno — Thu, 05 Nov 2015 19:06:50 +0000

The U.S. Department of Labor estimates that there are roughly 24,000 businesses with federal contracts, employing about 28 million workers. As part of President Obama’s “Year of Action”, he has signed sign an Executive Order 1367, which will require federal contractors to disclose labor law violations and will give agencies more guidance on how to [...]

Budget Deal Repeals Automatic Health Plan Enrollment

John Sarno — Mon, 02 Nov 2015 19:43:29 +0000

The budget deal reached between congressional leaders and the White House settles most budgetary business until after the 2016 elections.

Little noticed in this omnibus bill is the repeal of a section of the Affordable Care Act that requires large employers to automatically enroll employees in a health care plan.

The national healthcare law amended [...]

Employers must prepare as ACA Reporting requirements loom

John Sarno — Mon, 05 Oct 2015 16:14:42 +0000

Beginning in 2016, the Patient Protection and Affordable Care Act (ACA) requires applicable large employers (50+ employees) to file information with the Internal Revenue Service and provide statements to employees in regard to health coverage offered and accepted. The so called “pay or play” or shared-responsibility mandates will demonstrate whether the health coverage offered is [...]