• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Worker’s crazy email likely won’t cost you in court

03/06/2015
Not every complaint amounts to “protected activity” that shields an employee from retaliation.

Invoke FMLA when employee can’t perform essential functions of the job

03/05/2015

Sometimes a pregnant employee develops problems that amount to a temporary disability. But to be protected under the ADA, an employee with disabilities must be able “to perform the essential functions of the job, with or without reasonable accommodation.” If she can’t perform the essential functions, you can place her on FMLA leave.

Trying to drive out employee can backfire

03/05/2015
Efforts to make life so miserable for an employee that she quits can come back to haunt you. It could be seen as retaliation—even if the employee never quits.

Require health clearance before FMLA return

03/05/2015
When one of your employees takes FMLA leave, you may require a fitness-for-duty exam showing she is fully able to perform her job before you allow her to return. As long as you require everyone who takes FMLA leave to undergo such exams, the rules authorize you to discharge workers who can’t or don’t provide certification before their return.

No victim? No problem! EEOC can still sue for bias

03/04/2015
Even if you’re not hearing complaints of bias, realize that insiders can blow the whistle on illegal practices.

Can repeated, petty complaints to HR be considered some form of harassment?

03/03/2015
Q. A more senior employee was recently passed over for a promotion because a newer employee is clearly more qualified. Now that this person is their boss, the more senior employee has filed several petty complaints against her. Although we are aware that these complaints are completely invalid, we in HR have to take it seriously. But it is a shame for the new supervisor to have the complaints piling up in her file. Is this considered harassment?

DOL Wage and Hour Division unearths $4.5M in miner pay

03/03/2015
Mining companies extracting gas from the Marcellus Shale formations in Pennsylvania and West Virginia violated the Fair Labor Standards Act by misclassifying employees and improperly paying overtime, according to the U.S. Department of Labor Wage and Hour Division.

State Supreme Court affirms $151M verdict against Walmart

03/03/2015
The Pennsylvania Supreme Court has affirmed a Philadelphia jury’s huge verdict against retail giant Walmart. In 2006, the jury concluded the company violated state and federal wage laws when it forced employees to work through unpaid breaks and perform other duties while off the clock.

Philadelphia mayor signs paid sick leave bill

03/03/2015
Effective May 13, Philadelphia em­­ployers of 10 or more must provide one hour of paid leave for every 40 hours an employee works. Mayor Michael Nutter had twice vetoed similar legislation, fearing that the mandate would burden city employers still emerging from the recession.

Appeal of firing doesn’t give worker more time to sue

03/03/2015
Employees who use a post-­termination appeal process don’t have a pass to miss EEOC filing deadlines. The clock doesn’t wait to start ticking until the appeal process is finished. They still have to file their agency complaints within 300 days of discharge.