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

Pennsylvania

Do we have to pay for nonexempt’s travel time for one-day out-of-town trips?

06/23/2011
Q. One of our executives will be making day trips once a week to Boston from Philadelphia for a special assignment. Do we have to compensate the secretary (she is nonexempt) for her travel time to and from Boston?

When hiring, what shouldn’t we ask?

06/23/2011
Q. Are there any questions we cannot or should not ask a reference when screening applicants?

Intoxicated and driving during working hours: How should our policy address this problem?

06/23/2011
Q. When an employee was recently injured on the job, a co-worker drove him to the hospital. On the way back to work, they were in a car accident and both employees tested positive for illegal substances. What should we consider when developing a policy to prevent this kind of thing from occurring in the future?

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.