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Employment Law

Supreme Court rules on ‘donning & doffing’ in union shops

03/06/2014
The U.S. Supreme Court’s unanimous interpretation on Jan. 27 of the meaning of “changing clothes” in the FLSA is significant for unionized ­­employers in industries in which workers must change clothes to begin and end their work shifts.

NLRB orders Pittsburgh club to remit withheld dues

03/06/2014
The NLRB has ordered the Pitts­­burgh Athletic Association to forward union dues it collected from its employees to UNITE HERE Local 57, the union that represents club workers. The union’s NLRB complaint alleged that the club stopped remitting the dues in Novem­­ber 2012.

Corbett says he would support ban on gay discrimination

03/06/2014
Gov. Tom Corbett told the Phila­­del­­phia Inquirer that he supports a bill extending anti-discrimination protections to lesbian, gay, bisexual and transgender workers.

Lancaster nurse fired after refusing influenza vaccine

03/06/2014

Lancaster-based Horizons Healthcare fired a nurse after she refused to have a flu vaccine. The company requires its employees to get flu shots to limit potential epidemics. The nurse offered to wear a mask while on duty, instead. It’s a case that has yet to result in a lawsuit—but it could.

Using day labor? Keep relationship contractual

03/06/2014

If you sometimes need temporary help, you probably turn to companies that hire and manage day laborers. Keep the relationship strictly professional to avoid potential liability as an employer. Instruct supervisors to defer any questions on pay, hours and potential hiring to the temp agency and remind them not to promise anything.

Let injured worker stay on leave until fully healed

03/06/2014
Disabled employees who return to work before fully healed may be eligible for light-duty positions or other modifications as reasonable accommodations. However, employers that allow leave until the employee is fully healed don’t have that obligation.

Hiring consulting firm to work on site? That cuts your harassment liability

03/06/2014
Here’s some good, sensible news. If you hire a consulting firm and that company works on site, you won’t be liable for harassment between consulting firm employees.

Employee committed firing offense? Terminate ASAP–or else prepare for court

03/06/2014
If you don’t terminate an employee for an obvious firing of­­fense but later use that reason to justify a discharge, you’d better have a good explanation for the delay. Otherwise, a jury may see the move as a pretext for some form of discrimination.

When criminal records are at issue, prepare to explain rationale for firing or not hiring

03/06/2014

Employees who lose a job often don’t believe the discharge reason their employer provides. They look for some apparent underlying illegal discrimination and sue. Smart employers are ready to explain the entire discharge process from beginning to end.

Firing after complaint won’t always prove bias

03/06/2014
Don’t let what you know is a meritless complaint keep you from disciplining an employee. If you can show the process was already under way and you had a solid business reason, go ahead and discipline the worker.