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Employment Law

Unwritten rules: Are your supervisors quietly encouraging off-the-clock work?

06/05/2014

Many employers think that simply writing a policy prohibiting off-the-clock work and unapproved overtime will protect them from overtime claims by hourly employees who work beyond their shifts. But courts won’t be swayed by an employer’s “we told them not to work” assertion.

Federal wage-and-hour lawsuits hit record high in 2013-2014

06/05/2014
An all-time high 8,126 Fair Labor Standards Act cases were filed between April 1, 2013, and March 31, 2014—a 5% increase over last year, and a 426% increase over 20 years.

Labor Department to change FLSA’s overtime exemptions?

06/03/2014
According to Littler Mendelson employment lawyer Ilyse Schuman, word on the street in Washington is that the Labor Department will release a plan to overhaul the Fair Labor Standards Act’s overtime exemptions sometime “before November.”

Is telecommuting a more ‘reasonable’ ADA accommodation?

06/02/2014
A recent court case raises a growing issue: Just because a company has a building, do workers need to show up there to get their jobs done?

Change in grooming policy triggers religious bias suit

06/02/2014
A long-time security guard in the Philadelphia School District has filed a religious discrimination suit following the district’s decision to change its grooming policy. The new policy says male employees’ beards can be no longer than a quarter of an inch.

Federal judge strikes down Pa. state ban on same-sex marriage

06/02/2014
Citing last June’s U.S. Supreme Court decision in Windsor v. US, federal district judge John E. Jones has invalidated Pennsylvania’s ban on same-sex marriage. The decision could eventually force employers to revamp benefits programs to include employees’ same-sex spouses.

Employer gets to choose ADA reasonable accommodation

06/02/2014
Sometimes, there are several ways to  accommodate a disabled employee. As long as the one the em­­­­ployer chooses is reasonable, the employee can’t claim an ADA violation.

State employees can’t double-dip on FMLA claims

06/02/2014
Good news for state agencies: If a terminated employee requests a hearing before the Civil Service Commission and later files an FMLA claim in Commonwealth Court, he can’t also file a federal FMLA claim.

Think carefully about how work restrictions will play out following FMLA leave

06/02/2014

What do you do if an employee has used up her FMLA leave and her doctor has placed limits on the kind of work she can do? It’s fine to let her return with the restrictions. You won’t later lose an FMLA retaliation case for placing her on light duty.

Man who refused to join in harassment of women has his own sexual harassment claim

06/02/2014
Here’s yet another reason to stop employees who sexually harass female co-workers, subordinates or customers: Men who work in that environment but refuse to join in can also sue for sexual harassment. It’s not just the harassed women who have claims.