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Employment Law

What can we tell co-workers about a new employee’s sex change and transgender status?

05/30/2013
Q. We recently hired an experienced salesperson. Dur­­ing her orientation, she told HR that she recently underwent a sex change procedure and that she is transgender. A few days later, another employee went to HR and explained that he had known the salesperson in a previous job before her sex change. This employee is clearly uncomfortable and asked for advice on what he can say to the new employee and others on the team about their former working relationship?

Vial behavior: When does odd conduct allow for drug test?

05/29/2013
We all have days when we show up to work in a bad mood and maybe even a bit “word challenged.” But when do those signs signal that an employee should be sent for a drug test? A court ruling last month gave great insights into making sure your drug testing policy and practices are properly aligned with the law …

If exempt employee fields calls or emails on a sick day, is it still a sick day?

05/28/2013
Q. If a salaried manager is contacted via phone or email while out on a sick day and she responds, would that constitute work performed? Would that still be considered a sick day?

Should we track exempts’ sick time?

05/28/2013
Q. Our company gives eight hours of sick leave per month to nonexempt employees. We’ve been told that, under the FLSA, exempt employees are to be paid whenever they are sick. So our exempt employees have virtually an unlimited sick-leave balance. Is this a correct way to interpret the FLSA? Should we have some type of sick-leave accrual and tracking for our exempts?

Get ahead of legislation: 8 steps to building a strong anti-bullying policy

05/28/2013
When we think of bullying, we usually think of kids at school, not adults in the workplace. But, according to a 2010 survey, 35% of American workers have been bullied at work. Unfortunately for those employees, there are currently no federal or state laws that specifically prohibit bullying in the workplace. That may soon change.

State Supreme Court to rule on mandatory judicial retirements

05/28/2013
The Pennsylvania Supreme Court has agreed to hear arguments in two lawsuits challenging a state law requiring judges to retire at age 70. A 1989 decision, Gondelman v. Com­­mon­­wealth, upheld the practice as constitutional, but several judges are asking the court to look at the issue anew.

Lawsuit may hinge on whether Harrisburg U. is public or private

05/28/2013
The financially troubled Harrisburg University of Science and Tech­­nol­­ogy has asked a federal judge to dismiss a retaliation lawsuit filed by a former professor. She claims she was fired over criticism she and her husband leveled against university officials.

Good faith? Judge blasts EEOC conciliation process

05/28/2013
A federal judge in Western Penn­­syl­­vania has chastised the EEOC for not attempting to conciliate discrimination charges in good faith. The criticism stems from a bias complaint the EEOC investigated against a group of six Ruby Tuesday restaurants.

Remember: Contract workers are eligible to sue you, too

05/28/2013
Here’s a reminder that you need to document disciplinary and workplace problems for temporary contract employees, too. It doesn’t matter that they know they only have a job for a set period of time.

When using temps, make sure temp agency retains control of employment relationship

05/28/2013
Using temporary workers can be an effective way to stretch your labor budget without making a long-term staffing commitment. But if a temp sues over alleged discrimination, you may not have saved much money. To prevent surprises, make sure you treat the temp as a guest—leave the employment details to the agency that supplies the temp.