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Pennsylvania

Beware perils of interfering with intermittent FMLA leave

12/13/2011
Let’s face it: It makes a manager’s job harder when employees are out on FMLA leave. That’s especially true with intermittent leave. Don’t let those hard feelings turn into an FMLA interference lawsuit. Instead, insist that managers honor approved intermittent leave without hassling the employee.

Required: Investigating all harassment complaints Not required: Providing a perfect workplace

12/05/2011
Sometimes an employee may feel uncomfortable with the close proximity and may even interpret another employee’s innocent behavior as sexual harassment. While you must respond to every sexual harassment complaint and investigate, that doesn’t mean each incident warrants corrective action. Use common sense.

Passage of time can kill retaliation claim

12/05/2011

There’s some good news for em­­ployers concerned about retaliation after an employee participates in protected activity such as testifying in another employee’s discrimination lawsuit. If a substantial amount of time has passed since the employee’s testimony, any disciplinary action you take probably won’t be enough to form the basis of a retaliation claim.

After hours: How to regulate employees’ off-duty behavior

11/29/2011
Employers can regulate what employees do away from work—but only within narrow limits. There are often good reasons to. Some off-duty acts reflect poorly on employers, raise insurance costs and create conflicts of interest. Here’s how to make the call.

Is it OK to use SSNs as ID numbers?

11/23/2011
Q. A few employees have complained that we use their Social Security numbers (SSNs) as their ID numbers. They’re concerned about identity theft. Is it legal to use Social Security numbers for ID purposes?

How do I make a noncompete enforceable?

11/23/2011
Q. Can I ask employees who are already with the company to execute noncompete agreements?

Does workers’ comp cover telecommuters?

11/23/2011
Q. Do workers’ compensation laws apply if an employee is injured while working in his own home and using his own equipment?

Can I fire someone I just don’t like?

11/23/2011
Q. I would like to fire an employee who is unpleasant to work with. We simply don’t “click.” Do I have to have cause to terminate him?

Do you recommend anti-harassment training?

11/23/2011

Q. Our company is considering anti-harassment training for all employees. Some managers and executive are concerned that this will stir up lawsuits. Do you recommend such training?

Court eliminates one strategy for ending class-action litigation

11/23/2011

Resourceful defense attorneys have tried a few legal tactics to help em­­ployers defend against wage-and-hour class-action lawsuits. One strategy is to “tender an offer of judgment” to the named plaintiff before the case gets to the collective-action certification stage. Unfortunately, the 3rd Circuit Court of Appeals has removed this arrow from defense counsels’ quiver.