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Employment Law

FMLA expired and we haven’t heard from worker: Can we legally terminate?

09/03/2013
Q. One of our employees was injured on the job and has been on leave for almost six months now. Her eligibility for FMLA leave expired a couple of months ago and we haven’t received a response to the notice we sent her stating that her time off under worker’s compensation counts against any leave she may be entitled to. Can she legally be terminated and replaced?

Isn’t it illegal to withhold pay as punishment?

09/03/2013
Q. When an employee fails to clock in or out properly, our payroll department withholds that day’s pay until the next pay period as a form of employee discipline. My understanding is that an employer can’t hold back portions of pay as punishment. Am I right?

When does a voluntary wellness program become involuntary?

09/03/2013
At what point is the financial incentive to participate in a wellness program or the penalty for nonparticipation so great as to render it involuntary? Per­­haps more to the point, how does the EEOC define that tipping point?

Wilkes-Barre McDonald’s faces debit card suit

09/03/2013
A former McDonald’s employee is suing a franchise owner, arguing that paying her via a payroll card—with all its attendant fees—meant she earned less than the minimum wage.

Put HR firewall between those who hire, handle complaints

09/03/2013
Here’s why HR professionals who handle complaints and those who screen job applications shouldn’t share information with one another: It prevents needless lawsuits over failure to hire past employees or those who complained about hiring practices in the past.

Corporations can’t object to ACA based on religion

09/03/2013
In July, the Obama administration gave employers with 50 or more employees until January 2015 to begin providing health insurance coverage for full-time employees. Some companies challenged parts of the law in court because of their owners’ religious beliefs. They lost in the 3rd Circuit.

Gather essential hiring records: Interviewers should take notes, HR should collect them

09/03/2013
It’s impossible for everyone to remember exactly what happened during an interview held several years earlier. But that’s what an interview panel may be asked to do if a candidate sues. The best approach is to ask the panelists to take notes. Then you should collect all the panelists’ notes for potential future use.

Only interviewing a few candidates? Note why you skipped some applications

09/03/2013

Unfortunately, some applicants don’t take rejection well. That’s why you need to document what you did with each application. Something as simple as the fact the applicant didn’t fill out the form completely may help you if you’re sued.

Constant badgering about health, weight may be age discrimination

09/03/2013
Do you have supervisors who are constantly nagging subordinates about their health, weight, condition and inability to keep up with younger employees? That’s a huge age discrimination red flag that demands immediate action.

EEOC to repay millions to falsely accused trucking firm

09/03/2013
An angry judge has ordered the EEOC to pay $4.7 million in legal fees incurred when the national trucking firm CRST had to defend itself against a flurry of sexual harassment suits, many of which eventually turned out to be baseless.