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NJ Supreme Court Clarifies Leave Rights of Pregnant Employees Under New Jersey's Law Against Discrimination ( August 2005 )
In Gerety v. Atlantic City Hilton Casino Resort, 2005 N.J. LEXIS 931 (July 25, 2005), the Supreme Court of New Jersey held that pregnant employees are not entitled to preferential leave treatment under the New Jersey Law Against Discrimination (LAD). -
An Overview for Employers of the Uniformed Services Employment and Re-employment Rights Act ( January 2003 )
The failure to follow USERRA can have serious consequences for employers, and therefore, all employers should make sure that their current policies, handbooks and most importantly, their current practices when dealing with an employee called to fulfill his/her military obligation, are in compliance with USERRA. -
The Domestic Partner Rights and Responsibilities Act Presents ( May 2005 )
California's expanded domestic partnership law, effective January 1, 2005, presents thorny issues for California employers covered by both the state and federal family leave laws. -
When Does An Employee Suffer From A "Serious Health Condition" Under CFRA? ( January 2005 )
The California Family Rights Act ("CFRA") provides a qualified employee with up to 12 workweeks of protected "family care and medical leave." CFRA defines "medical leave" to include an employee's own serious health condition that makes the employee unable to perform the functions of the employee's job. -
Although all may be implicated by an employee's leave of absence, the ADA, FMLA, and Delaware's workers' compensation laws differ in terms of their purpose, coverage, rights, and requirements. The purpose of the FMLA is to give eligible employees the right to take unpaid leave because of the birth of a child or a serious health condition. The ADA protects qualified individuals with disabilities from employment discrimination. Finally, workers' compensation laws are designed to ensure employees are compensated for lost wages due to job-related injuries until they are able to return to work.
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To avoid having to pay substantial time loss compensation, employers should attempt to find light duty work for an injured employee. But light duty work is not without its perils.
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Same-Sex Marriage Adds to Employers' Challenges under New California Domestic Partner Laws ( March 2004 )
Recent moves toward legal recognition of same-sex marriage in two Canadian provinces and Massachusetts, as well as the issuance of same-sex marriage licenses by the City and County of San Francisco, have confused the picture for employers trying to understand their legal obligations under California's broad new domestic partnership law. Given looming changes, this is an opportune time for employers to review their benefit plans and consider whether the definition of "spouse" needs to be clarified to reduce the potential for later disputes over its meaning. -
Employment Law Alert: Same-Sex Marriage in Massachusetts ( March 2004 )
When Massachusetts’ highest court ruled last November that same-sex couples have a constitutional right to be married, few employers in Massachusetts were thinking about the practical effects of this decision on the workplace. Now, as the debate over same-sex marriage spreads to other jurisdictions, employers across the country have begun to consider what same-sex marriage will mean for them.
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