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Pennsylvania

Separate who approves FMLA, who disciplines

07/27/2012
Make sure someone other than the supervisor who ordinarily disciplines an employee is responsible for approving and administering FMLA leave. By separating those functions, you minimize the risk that an employee might be able to connect FMLA leave with an adverse action such as termination.

Consider ADA before applying tardiness rules

07/27/2012

When an employee tells her supervisor she has a disability that makes it hard for her to get to work on time, it’s critical to factor that into any decision to apply a no-fault tardiness policy. Refusing to do so may be disability discrimination.

Police called in response to workplace harassment? You must still act to stop future incidents

07/02/2012

If a co-worker, supervisor or cus­­tomer sexually assaults an em­ployee and the police are called in, the employer must still take reasonable steps to stop the harassment and prevent another assault. It’s not enough to rely on the police to take care of the problem.

Wexford comptroller had a good gig … while it lasted

07/02/2012
Patricia Smith, the former comptroller for the Baierl Acura dealership in Wexford, lived lavishly for 6½ years. Now Smith is trading in haute couture for prison coveralls after pleading guilty to embezzling more than $10 million from her employer between late 2004 and July 2011.

Union boss embezzled union funds for gambling

07/01/2012
Ernest Milewski, the Wilkes-Barre union official who earlier this year pleaded guilty to embezzling union funds and the assets of a health care benefit program, used his sentencing hearing to come clean on the reason why he stole the money—to pay for an out-of-control gambling habit.

How should we pay for fluctuating workweek?

06/28/2012
Q. Our employees work irregular schedules. They may work for two weeks and then be off for three. Can we pay them every two weeks based on their average yearly income and, if they work more, pay them at an hourly rate?

What are the perils of inconsistent comp time?

06/28/2012
Q. Our employee manual doesn’t address compen­satory time off, but we have offered certain exempt managers an hour of comp time for every hour of overtime worked. Do we have to pay them for accrued comp time when we terminate them? In the past, we’ve paid comp time to some, but not to ­others. Can we negotiate our own terms with each employee?

Can we ban breastfeeding at work?

06/28/2012
Q. Can we legally prohibit female workers from breastfeeding at work?

EEOC on age bias: Update on ‘reasonable factors other than age’

06/28/2012
The EEOC has issued a new regulation addressing the “reasonable factors other than age” (RFOA) defense to disparate impact claims under the Age Discrimination in Employment Act. Understanding the new regulation can help you comply with the law and prevail in court if you are sued.

OSHA inspector’s drive-by results in six-figure fine

06/28/2012
A random coincidence has resulted in a costly fine for a Lancaster County construction firm. OSHA cited Quality Stone Veneers for eight safety violations after an OSHA inspector noticed substandard scaffolding when he drove by a residential construction site.