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Employment Law

Keep the lawsuit clock on your side: Make sure workers know exact date of actions

10/31/2011
Employees have only a short period of time to file their initial dis­crimi­na­tion claims. The clock starts ticking as soon as the employee knows (or should have known) about some material, potentially adverse job change. That’s why you need to be absolutely clear to employees when you make a job change—and note it in your files.

NLRB: You may discipline for many employee online postings

10/27/2011
Treading carefully on today’s uncertain social media terrain, many employers might hesitate to punish employees for posting workplace comments online. But the National Labor Relations Board recently found in several scenarios that employers didn’t violate the National Labor Relations Act when they terminated or disciplined the employees.

In Pittsburgh, HIV test and pulled offer prompt ADA suit

10/27/2011
Pittsburgh-based Capital Healthcare Solutions faces a disability discrimination suit after it rescinded a job offer to an HIV-positive applicant. The EEOC sued on the applicant’s behalf, claiming Capital Healthcare rescinded its job offer solely on the basis of the man’s disability …

Loose lips lead to liability when word of alleged employee wrongdoing leaks out

10/27/2011

Pennsylvania allows lawsuits for portraying someone in a false light. For employers, that means you can be sued for publicizing information relating to discipline that turns out to be inaccurate. Thus, it makes sense to discuss discipline only with those who have a need to know.

Grocer, baker, Sabbath-taker embroiled

10/27/2011
A Dauphin County man who delivered Tastykakes to Giant Food stores is suing both the Tasty Baking Co. and the grocery store chain for religious discrimination after his contract was terminated. But Giant says it had no relationship with the deliveryman and wants to be removed from the suit.

Can FMLA leave be involuntary? Court punts

10/27/2011
A federal court hearing an FMLA interference case has sidestepped deciding whether it is legal for an employer to place an employee on involuntary FMLA leave.

What’s the difference between an independent contractor and an employee?

10/26/2011
Q. How do I know when to classify a worker as a contractor or a true employee?

OSHA slaps $158,400 fine on Roselle plumbing contractor

10/26/2011
OSHA has cited A-Absolute Construction, based in Roselle, for numerous violations at a Parsippany worksite. OSHA has had its eye on A-Absolute since 2008 when a trench collapse trapped a worker.

Beware close timing between FMLA leave, firing

10/26/2011
It’s all in the timing: An employee may have a case if her request for FMLA leave is suddenly followed by a reorganization that results in the loss of her job.

3rd Circuit takes dim view when employees appeal decisions in frivolous lawsuits

10/26/2011
Good news for employers vexed by employees’ repetitious and frivolous lawsuits: If a trial court does a good job explaining why a case should be dismissed, the 3rd Circuit Court of Appeals probably won’t grant an appeal.