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Employment Law

Remind supervisors: Absolutely no comments about employee’s pending EEOC complaint

09/26/2012
There are some words that should never come from a supervisor’s mouth—including any statement that would seem to encourage an employee to drop an EEOC complaint. That just about guarantees that a retaliation or interference lawsuit will go to trial should anything adverse (like a discharge or demotion) happen to the employee to whom the supervisor was speaking.

When employee alleges management bias, don’t blindly accept the boss’s denial

09/26/2012
Surprise! Some of your supervisors may be biased—something they would probably deny if confronted. If an employee complains that her boss is prejudiced, don’t just accept the manager’s protestations of innocence as the last word. Investigate instead.

Newly promoted boss not working out?

09/26/2012
Not every employee is cut out for management. Someone who was a true asset as a skilled worker may be a bust after being promoted. If that happens in your organization, exercise patience before terminating.

New law allows for 8/80 health care workweek

09/26/2012
A new law amends the Pennsylvania Minimum Wage Law to bring it into line with the FLSA, which requires health care employers to pay overtime only if employees work more than eight hours in a day or 80 hours in a 14-day period.

Philly security firm sued over Muslim head scarf

09/26/2012
The EEOC is suing ABM Security Services, which provides guards for the Pennsylvania Convention Center in Philadelphia, for religious discrimination after an employee claimed she was forced to choose between keeping her job and wearing her traditional Muslim head covering.

Reasonable accommodation? Not employee’s call

09/26/2012

Some disabled employees think the ADA allows them to demand a particular accommodation and turn down their employer’s suggestions. That’s not true. Employees don’t have to like the accommodations you propose …

Document solid reasons for firing complainer

09/26/2012
Employees who complain can be annoying, especially if you believe their gripes don’t have merit. But firing such an employee can be dangerous because complaining about discrimination or other legal issues is protected activity that can’t be punished.

NLRB sets new limits on your off-duty employee access rules

09/26/2012
Does your organization set restrictions on when and where off-duty employees can access your workplace? If so, you should review a new NLRB ruling that narrows the circumstances under which you can keep off-duty workers off your premises.

The price for tolerating name-calling: $70,000

09/25/2012
If you need any incentive to crack down on name-calling in the workplace, consider this new ruling: A jury slapped a $70,000 judgment on an employer for allowing a supervisor to repeatedly call his female subordinate a “bitch.”

Desperate housewife loses one claim, wins one

09/21/2012
Nicollette Sheridan, an original cast member of TV’s “Desperate Housewives” series, has won a partial victory in her lawsuit over Touchstone Television Productions’ decision to kill off her character.