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Employment Law

The one time it’s good for your handbook to be a contract

03/03/2017
An employer has won the right to pursue a contract counterclaim against a former employee based on a provision in the employee handbook.

Beware individual liability for wrongful terminations under Pennsylvania state law

03/03/2017
Under the Pennsylvania Human Rights Act, employees who are actively involved in termination decisions may be deemed personally liable for aiding and abetting violations of the law.

Document every aspect of ADA interactive accommodations process

03/03/2017
If the employee never requested modifications to an accommodation, he won’t be able to claim later that the employer didn’t engage in the interactive process. The fault would lie with the employee.

Paid leave can be adverse employment action

03/03/2017
It seems counter-intuitive, but putting someone on paid administrative leave can be an adverse employment action and the basis for a lawsuit.

Beware retaliation against whistleblowers

03/02/2017
To protect the public from unlawful conduct, whistleblower laws make it illegal to retaliate against employees who complain to public agencies about employer actions that endanger the public or break the law.

HR data security: 5 questions to ask IT today

03/02/2017
Before you add even one more sensitive file to the server, find out just how secure your systems truly are.

Jewelry chain faces massive sexual harassment suit

03/02/2017
The threat of even a small class-action lawsuit can rattle the coolest of HR pros and the attorneys with whom they work. Imagine being sued by 69,000 current and former employees!

Beware asking for extra ‘proof’ of FMLA need

03/02/2017
Demanding more than the standard medical certification may amount to interference with an employee’s right to take FMLA leave, as a recent federal appeals court case demonstrates.

What to expect from Trump’s Labor nominee

03/02/2017
With the nomination of Alexander Acosta to head the Department of Labor, the race is on to figure out where he stands on issues important to employers.

Business groups appeal to kill off retirement fund fiduciary rule

02/28/2017
A coalition of business groups is appealing a federal court’s decision to uphold the Department of Labor’s new fiduciary rule, which requires retirement fund brokers to act solely in their clients’ best interests when recommending investments.