• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Pennsylvania

Policies are key to handling workplace romance

02/14/2012
Romance may be in the air at your workplace this Valentine’s Day. A 2011 survey by CareerBuilder.com found that 40% of those polled said they have dated a co-worker. But while Cupid shoots arrows, workplace romances often blow up in a liability minefield.

Pay cut for poor work? Document carefully

02/03/2012
If an employee isn’t working as hard as you expect, reducing his pay might conceivably provide enough of a kick in the pants that he’ll pick up the pace. As long as you carefully document why you are making the pay cut, he won’t win a discrimination case even if his pay puts him at a lower level than others outside his protected class who perform the same job.

Use objective measures to make firing decisions

02/01/2012
If you terminate subpar workers, it goes without saying that you must be prepared to show they were, in fact, poor performers. Do so by using objective performance measures. Let the facts and figures speak for themselves.

He said, she said: What if they both did? Trust investigation to reveal harassment truth

02/01/2012
If your sexual harassment policy is comprehensive, any complaint may trigger an investigation that uncovers many violations—perhaps even by the complaining employee. When that happens, the best policy is to let the investigation take its course and document everything. Then discipline everyone who violated the policy.

OK to insist on initial retirement request

02/01/2012
When an employer doesn’t have a set policy on whether an employee can change his mind about retiring, refusing to rescind a retirement request isn’t enough to support a discrimination or retaliation lawsuit.

May we ask applicants about their religion?

01/25/2012
Q. When, if ever, can our company legally ask an applicant about his or her religious affiliation?

What should we do? The law and our union rules are on a collision course over harassment

01/25/2012
Q. Our union agreement says we must give 48 hours’ notice before dismissing a regular employee. But we have proof that two employees have been har­­assing—and continue to harass—black and gay em­­ployees. In fact, their har­ass­ment just caused us to lose a good em­­ployee who couldn’t take it any ­longer. What trumps what?

Is it legal to lower salesperson’s pay?

01/25/2012
Q. We are planning to change a salesperson’s pay from straight salary to a lower salary plus commission. Can we do this without violating wage laws?

Can we dock exempts for snow-day absences?

01/25/2012
Q. Due to recent snowstorms, some exempt employees have not been able to get to work. Can we dock the pay or accrued leave of employees who do not come to work? Can we do so even if the office is closed?

President proposes new pay rules for home health workers

01/25/2012

In an attempt to right what he ­­per­­ceives to be a wrong-headed Supreme Court decision, Presi­dent Obama is asking the DOL to change FLSA regulations covering home health care workers. Those workers have been exempt from the law since 1974 when the DOL lumped the workers into a “companion” category along with baby sitters and nannies.