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Sandro Polledri

Should we retain copies of I-9 documents?

Q. We recently decided to start making copies of documents that employees provide to complete their I-9 forms (driver’s license, etc.).  Do we need to go back and complete new I-9s for employees hired before this date or ask them to provide the documents again so we can make copies?

When must lunch breaks be paid?

Q. Our employee handbook says nonexempt retail em­­ployees can take an unpaid 30-minute lunch break. However, our store is often very busy and employees often take lunch breaks of only 10 to 15 minutes. Should employees be paid?

Employee just got religion: Must we accommodate?

Q. Our company requires employees to work on weekends because those are our busiest days. When we hire, we ask applicants about their weekend availability. Now a few employees claim their religious beliefs have changed and they need time off on Saturdays or Sundays to attend church. Can we turn down the requests based on their original applications?

New rules for commissioned sales employees?

Q. What are the new developments regarding overtime exemption for commissioned sales employees?

Disabled worker? It may pay to offer commuting accommodations

While many district courts have found that commuting to work falls outside of the realm of an employer’s obligation to provide reasonable accommodations for disabled employees, some courts have opted to expand upon the ADA by ruling otherwise.

Punish employees who ‘occupy’ in their spare time?

Q. What recourse do employers have against employees involved in ‘Occupy [Wherever]’ protests during off-time?

What’s the difference between an independent contractor and an employee?

Q. How do I know when to classify a worker as a contractor or a true employee?

Don’t get burned! The cat’s paw theory of discriminatory firing


Under what’s called the Cat’s Paw Theory, employers can’t de­­fend themselves against employment discrimination claims by saying they didn’t know a supervisor was biased. The theory was first introduced in Shager v. Upjohn, a 1990 7th Circuit Court of Appeals decision.

It’s not all bad news when NLRB rules on social media

The National Labor Relations Board has been taking a close look at how em­ployers react when they don’t like what their employees post on Facebook. Sur­­prisingly, employers have won several of those cases.

What is Philadelphia’s law on requesting info on applicants’ criminal records?

Q. Our company has an office in Philadelphia. Can we ask about an applicant’s criminal and arrest record when recruiting employees to work there?