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Employment Law

Document each stage of progressive discipline

09/04/2018
Employers that have a progressive discipline process, in which discharge can only happen after counseling and a series of warnings have occurred, have an advantage if a terminated employee sues them for discrimination.

DOL releases model FMLA forms good for 3 years

09/04/2018
The Department of Labor has released updated versions of its model FMLA certification and notice forms, carrying a new expiration date of Aug. 31, 2021.

DOL releases new FMLA forms — good for 3 years

09/04/2018
The DOL has released updated versions of its model FMLA certification and notice forms. Employers should begin using the new FMLA forms now.

Pennsylvania Supreme Court to weigh fluctuating workweek OT method

08/31/2018
The Pennsylvania Supreme Court has agreed to hear a case that could affect how employers pay overtime to nonexempt salaried employees in the Commonwealth. At issue is whether employers may use the fluctuating workweek option allowed under the federal Fair Labor Standards Act.

Report: Glass ceiling holds women back at DOJ

08/31/2018
The U.S. Justice Department’s Inspector General has issued a report showing that women are substantially underrepresented in criminal investigative and leadership positions within the Department of Justice.

Good documentation wins discrimination lawsuits

08/31/2018
If you have to discharge a difficult employee, be patient—and carefully document everything. You need detailed records showing exactly how the em­­ployee interacted with other workers and why the behavior was unacceptable.

Embarrassing emails could wind up being aired in court

08/31/2018
Remind supervisors to choose their words carefully when composing emails. Generally, all forms of communication are fair game for discovery during litigation.

Minor schedule changes can add up to an FMLA interference claim

08/31/2018
Employees are entitled to reinstatement to an equivalent position when they return from FMLA leave. Any change to the terms and conditions of employment—even a seemingly minor one—may amount to FMLA interference.

Harassed employee may have legal case even if she ignored internal complaint procedures

08/31/2018
If supervisors and managers witness harassment and do nothing, an employee may conclude that the workplace is so permeated with harassment that it would be pointless to complain. That’s particularly true if HR personnel are among the managers apparently ignoring harassment.

EEOC paperwork flaw means Weis Markets won’t be sued

08/31/2018
The Weis Markets grocery chain is off the hook for a hostile environment harassment lawsuit because a Cumberland County, Pa. woman who sued mishandled the required EEOC paperwork.