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Employment Law

Setting overtime with Pa. agency covers fed claim too

06/01/2007

Good news for employers: If an employee files an overtime claim with the Pennsylvania Department of Labor & Industry and the department settles the case and collects wages for the employee, the employee can’t turn around and also sue under the FLSA …

Dust off your harassment policy or face the jury

06/01/2007

Too many companies’ sexual harassment policies are ancient history—drafted almost a decade ago after the U.S. Supreme Court laid down strict liability rules for how employers must protect employees from sexual harassment. But a dusty binder on a shelf won’t do anything to protect your company …

‘Soft’ termination rationale increases chance of jury trial

06/01/2007

Does your disciplinary policy call for dismissing employees who coerce or intimidate other employees? Understand that firing an employee for violating such rules might make a jury trial more likely …

It’s final: Non-Lawyer reps OK at unemployment comp hearings

06/01/2007

After years of litigation and legislation, the Pennsylvania Supreme Court has finally put the issue to rest: Employers are free to represent themselves or hire a non-attorney advisor to present their case when an employee wants an unemployment compensation hearing …

Paying employees on commission? Clarify terms up front to defend against WPCL claims

06/01/2007

The Pennsylvania Wage Payment and Collection Law (WPCL) allows employees to sue their employers for unpaid wages, including commissions and the like. Because the WPCL allows any wage contract claim, including oral agreements, it’s important for employers to clarify the terms up front and preferably in writing …

Wilkes-Barre bipolar surgeon wins discrimination suit

06/01/2007

A federal jury awarded $250,000 to an orthopedic surgeon who claimed Wyoming Valley Health Care System in Wilkes-Barre discriminated against him because he suffered a psychiatric episode while performing a total knee replacement …

Vice president says he was fired for passing the CEO’s joint

06/01/2007

A former executive vice president of Roscom Inc., a Croydon-based manufacturer and distributor of polyvinyl chloride products, alleges he was fired for refusing to smoke marijuana with CEO Nick Lynch …

In FMLA case, you must be present before you can leave

06/01/2007

A woman who worked for the Philadelphia Water Department lost her FMLA claim because she did not meet the basic employment qualifications …

Pa. Supreme Court: Employers free to go it alone on UC appeals

06/01/2007

Thanks to a recent Pennsylvania Supreme Court ruling, employers may now attend unemployment compensation appeals hearings without an attorney. The court overturned a 2005 Commonwealth Court ruling …

Pa. working women earn petite paychecks

06/01/2007

Women in Pennsylvania earn 73 cents for every dollar earned by men in similar positions, compared to the national average of 77 cents on the dollar …