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Pennsylvania

Must we comply with subpoena for worker’s file?

06/23/2011
Q. We recently received a subpoena to produce the contents of an employee’s personnel file in connection with a federal lawsuit. The employee is a party to the lawsuit, but the company is not. Do we have to comply with the subpoena? Should we tell the employee about the subpoena?

Check your hiring practices! EEOC takes aim at systemic bias

06/23/2011
As its workload has increased, the EEOC has sought greater funding so it can pursue cases in which employer hiring practices discriminate broadly against members of protected classes. Those practices include using criminal background checks and credit-history checks to screen applicants.

City council goes after clerks, but catches lawsuits instead

06/23/2011
The Westmoreland County town of Jeanette is seeing more than its share of employment litigation. Two city clerks have filed lawsuits, one for age discrimination, the other as a whistle-blower suit.

Is Arizona-style E-Verify mandate headed to Pennsylvania?

06/23/2011
If state Rep. Bill Galloway has his way, certain employers may be re­quired to use the federal government’s E-Verify web-based employment eligibility verification system. Several states already mandate E-Verify, and the U.S. Supreme Court in June ruled that an Arizona law requiring employers to use it is constitutional.

Appeals court: Walmart owes $188 million for unpaid work

06/23/2011
The Pennsylvania Superior Court has upheld a $188 million verdict against Walmart stores and Sam’s Club warehouse stores in a case involving 187,000 current and former employees. A jury had concluded that’s what the retailer owed employees for rest breaks that should have been paid and for off-the-clock work.

Tally cost before replacing ‘key’ FMLA leave-taker

06/23/2011
Employers sometimes think they can replace key employees who take FMLA leave. Not true. They must show that reinstating the employee would have caused substantial and grievous economic injury to the company.

Know ADAAA rules on accommodations for disabilities that can be medically controlled

06/23/2011
The 3rd Circuit Court of Appeals has sent a signal that it may now hold employers to a higher standard when it comes to employees whose disabilities are under control, but need time off to keep them that way.

Beware union pact allowing arbitration and lawsuits

06/23/2011
Watch out if a union represents some of your employees, and the union contract does not bar federal discrimination lawsuits. A federal court has ruled that unless there’s a provision making arbitration the exclusive remedy, employees can simultaneously pursue arbitration and litigation.

Different discipline for ‘similar’ offenses? Better be prepared to explain why

06/23/2011
When you’re disciplining an employee, you don’t have to go into every detail about why she is being punished one way when another employee was dealt with differently. However, if the employee ever sues you for discrimination, you had better be prepared to explain the difference later—in court.

Keep it clean (and sober)! Ensure drug testing is uniform and fair

06/23/2011
When you offer employees a chance for drug or alcohol treatment and rehabilitation, make sure you treat them fairly. There’s nothing wrong with telling recovering employees they may be randomly tested for drugs or alcohol without notice. You can even use a “lottery” system that results in some employees being tested more often than others.