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EMPLOYER CLIENT ALERT: August 2009 Minimum Wage Increase The New Jersey state minimum wage was increased to $7.25 an hour effective July 24, 2009. This is a mandatory change. Suggested Employer Action: Order or download, then post the New Jersey Minimum Wage poster which was recently updated to reflect the increase in the state minimum wage. This can be downloaded at no cost at http://lwd.dol.state.nj.us/labor/wagehour/content/forms_publications.html. Look under Required Employer Postings and Law Abstracts. A copy is attached for your convenience. Text Messages: Potent Evidence against Employers First, it was email. Then, it was the internet. The employer nightmare now is “Textual Harassment.” Cell phone text messages provide plaintiffs with potent evidence in sexual harassment, workplace bullying, and other bias type suits against employers. These cases typically involve ‘he said/she said’ disputes. Text messages in sexual harassment cases are being used to corroborate plaintiffs’ claims that they are being harassed and mistreated. The most scandalous cases so far have involved male bosses who have sent scandalous texts to female employees. Employees are texting all the time. Texting employees seem to have the idea that texts, like conversation, are hard to trace. They are mistaken. Text messages can be retrieved even after they are deleted. They can also provide evidence of a person’s location. Suggested Employer Action: Do you have an Electronic Communications Network Policy? If not, you need one. If you have one, have your Employment Attorney review it. If you issue cell phones to employees, or reimburse employees for use of their cell phones for business purposes, cell phones should be included in the definition of your electronic network. Does your policy advise employees not to use employer-issued devices for any illegal purposes, including sexual harassment and other types of discrimination? Does your policy state that cell phone communications are the property of the employer? Does it reserve management’s right to review any communication on employer-issued cell phone or personal cell phone used in the course of employment? Does it advise employees that they have no reasonable expectation of privacy to such communication? Linked In- Glowing Reviews Employers should be wary about providing glowing remarks about
employees on Linked-In, a popular business networking site that posts
recommendations. These recommendations can be used against employers. In
wrongful termination suits, plaintiffs can use these recommendations to
undermine the employer’s defense that the termination was due to the
employee’s poor work performance and not discriminatory motives. The Employment and Labor Practice Group
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