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Pennsylvania

Employment Lawyer Network:
Pennsylvania

Susan K. Lessack (Editor)

Pepper Hamilton LLP
Pennsylvania Employment Law

LessackS@PepperLaw.com
(610) 640-7806

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Susan K. Lessack is a partner in the Berwyn and Philadelphia offices of Pepper Hamilton LLP. She concentrates her practice in employment counseling and employment litigation. Ms. Lessack’s experience includes counseling employers on matters related to compliance with federal and state labor and employment laws, counseling regarding employee discipline and terminations, conducting investigations of employee conduct, including harassment, training employers on their obligations under employment laws and litigation avoidance, and developing employment policies. She defends employers in litigation of employment discrimination claims, wrongful discharge claims, and claims under federal and state employment-related statutes, such as the Family and Medical Leave Act and the Pennsylvania Wage Payment and Collection Law.

Train supervisors on proper handling of FMLA return-to-work certifications

08/23/2012
Supervisors who handle employee return-to-work requests following FMLA leave must know what they are doing. Otherwise, your legal risk could rise significantly.

Doc clears return to work? Disability unlikely

08/23/2012

When an employee has a life-threatening and acute illness, he may need time off to recover. That’s a legitimate use of FMLA leave. But what if the employee fully recovers and comes back to work with a clean bill of health from his doctors, yet still feels weaker, more fatigued and not quite back to full health?

Demand immediate stop to demeaning language

08/23/2012
Make sure managers and supervisors understand that belittling name-calling has no place in the workplace and won’t be tolerated. Bans on obscenity aren’t enough. You must also stop other sexist terms, such as referring to a woman as “Barbie.”

May we ever ask about applicant’s religion?

07/27/2012
Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation?

When woman returns from maternity leave, must she return to her exact former job?

07/27/2012
Q. When an employee returns from maternity leave, do we have to give her the very same job she had or can she be put to work in a different type of position?

What makes a full-time employee?

07/27/2012
Q. How many hours must employees work to be considered full time? Part time?

Employees switch shifts: Does that potentially increase our overtime liability?

07/27/2012

Q. Are employers required to pay for overtime hours that result when an employee voluntarily switches shifts with a co-worker?

Is it legal to raise sales quotas and then fire reps who don’t meet them?

07/27/2012

Q. As a large retail business, we employ several demo reps who present products to shoppers in the hope they’ll buy them. Recently, we’ve had to put increasing pressure on our demo reps to increase sales up to 200%. If a demo rep doesn’t meet the new goal, can we terminate him or her? Do they have legal recourse should they be fired?

How should we craft a policy allowing us to refuse to consider unsolicited résumés?

07/27/2012
Q. Our company doesn’t want to consider applicants who send in unsolicited résumés. We are trying to come up with a legally sound definition for “applicant” so we can write an official policy. Any suggestions?

The ‘perceived as’ theory of discrimination in Pennsylvania

07/27/2012
An intriguing discrimination case in New Jersey raises complicated issues that Pennsylvania courts may one day have to address: discrimination claims based on perceived membership in a protected class.