ARTICLE ARCHIVES

Benefit plans may be amended to favor same-sex spouses

05/04/2016
The IRS disposed of most of the payroll issues regarding same-sex spouses in 2013 and 2014. Nevertheless, it’s issued guidance on the impact of the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges.

Beware knee-jerk firing after FMLA leave

05/04/2016
Employees who return from FMLA leave may not be fully healed. They may, in fact, have developed serious enough medical problems to be disabled under the ADA.

Key to beating bias suits: Consistent discipline

05/03/2016
Make sure you equally and consistently punish all employees who break the same rules.

6 issues to consider when updating your employee handbook

05/02/2016
An out-of-date employee handbook is more of a liability than an asset.

Wolf issues executive orders combating LGBT discrimination

05/02/2016
Gov. Tom Wolf grew tired of waiting for the state legislature to send him a bill adding lesbian, gay, bisexual and transgendered people to the protected classes listed in the Pennsylvania Human Relations Act.

EEOC settles GINA lawsuit with mining company

05/02/2016
Joy Mining Machinery in Pittsburgh, has agreed to settle an EEOC lawsuit that claimed the company’s hiring practices violated the Genetic Information Nondiscrimination Act.

Whistleblowers may not have common-law protection

05/02/2016
Pennsylvania workers fired after reporting safety violations may not have a common-law wrongful discharge claim if they didn’t have a specific duty to report the safety problems.

Court losing patience with baseless lawsuits

05/02/2016
Increasingly, courts have been tossing out cases early on when it’s clear the former employee isn’t sure exactly what she thinks the employer did, but just assumes it was some sort of discrimination.

Discharge for racial slur upheld in Philadelphia's ongoing Fox 29 lawsuit

05/02/2016
In a notorious case involving a Philadelphia TV station, a reporter who used a racial slur during an editorial meeting has lost his bid to overturn a jury’s decision that his firing was not racially based.

Discharged for gross misconduct? Then employee isn't entitled to COBRA coverage

05/02/2016
Generally, employers that provide health benefits must offer continuing COBRA coverage whenever an employee resigns or is terminated. But that requirement doesn’t apply if the employee was discharged for gross misconduct.

Company activities heavy on religious content? Better pray you don't wind up in court

05/02/2016
Evangelical fervor can cause legal trouble if an employer requires employees to participate in religious practices or activities as a condition of continued employment.

PO'd telemarketers get relief on bathroom breaks

05/02/2016
A telemarketing company will have to pay $1.75 million to 6,000 employees after a federal judge ruled the company’s policy of making employees clock out to go to the bathroom violated the Fair Labor Standards Act.

Disability: It's never a joking matter

05/02/2016
Supervisors must understand that they have a responsibility to stop harassment immediately and take steps to prevent it from recurring.

Be sure to document why you didn't hire

05/02/2016
If you’re like most employers, you carefully consider applicants for open positions and document exactly why you chose the candidate you considered the best one to fill the job.

9 legal questions to ask job applicants' references

05/02/2016
Having references won’t help if you can’t get them to open up to you about an applicant.
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