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

Employment Law

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.

Nooses in the workplace? Immediately launch thorough investigation

03/03/2015

The only appropriate response to a claim of nooses in the workplace is an immediate investigation. That may require involving the police. Show you take the incident seriously even if the source may be a customer or a contractor. It’s the right approach and the one most likely to cut any potential liability after the fact.

Doesn’t matter that he didn’t put a ring on it! Engagement unnecessary for retaliation

03/03/2015
Back in 2011, the U.S. Supreme Court ruled that an employee who was fired after his fiancé—who worked for the same employer—filed an internal discrimination complaint could sue on his own accord alleging retaliation. The fiancé, the court concluded, was within the “zone of interest” meant to be protected from retaliation under Title VII. The Court held that by firing someone’s significant other, the employer in effect would indirectly punish the complainer. Until now, exactly who would be included in the “zone of interest” was in question.

Pennsylvania bosses personally liable for bias

03/03/2015
Here’s an important addition to your training curriculum: Make sure supervisors understand that under Pennsylvania law—unlike federal law—­they may be personally liable for discriminating against employees.

Firing for attendance? FMLA doesn’t count

03/03/2015
Here’s something to remember when you are ready to dismiss an employee for poor attendance: You can’t use any FMLA leave as a negative factor, and you can’t include any FMLA leave when tallying absences.

Will FLSA soon require predictable schedules?

03/03/2015
In a recent interview, U.S. Department of Labor Wage and Hour Division Administrator David Weil hinted that the department may be “looking very actively at” guaranteeing employees predictable schedules under the Fair Labor Standards Act.

Few details needed to begin hostile environment suit

03/03/2015
Employees who claim they were victims of a sexually hostile work environment don’t have to provide an exhaustive list of alleged hostile acts. Details can be provided later.

Use updated FMLA forms–at least for the rest of March

03/02/2015
With almost no advance notice, the federal government has revised recently expired FMLA forms to reflect a new effective date: March 31, 2015. The core suite of FMLA forms—doctors’ certifications of serious health conditions, notices of rights and responsibilities and designation notices—was set to expire Feb. 28.