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Pennsylvania

Beware retaliation long after bias complaint

04/25/2011

Think retaliation won’t be a problem because plenty of time has passed since an employee complained about alleged discrimination? Think again! Always be on the lookout for possible retaliation, no matter how long it has been since the initial complaint.

Training not working? Time to try demotion

04/25/2011
Not every employee is suited to promotion—something that may not become clear until far into the process. That’s why smart employers set reasonable expectations for training success and remain prepared to demote those who don’t make the cut.

Document all disciplinary actions, including why and when you decided to act

03/31/2011

Some employees facing discipline believe that if they file a discrimination complaint, they can escape trouble. If disciplined, they’ll cry “retaliation!” Smart employers counter this subtle form of blackmail by clearly documenting and time-stamping all decisions and the process that led up to those decisions.

How does FLSA administrative exemption work?

03/29/2011
Q. I think one of our employees falls within the administrative exemption under the Fair Labor Standards Act (FLSA), but I’m not sure if he “regularly exercises discretion and independent judgment.” How can I make that determination?

What are the pros and cons of offer letters?

03/29/2011
Q. We send formal offer letters to job candidates for certain positions. Could such letters legally bind us, and would we be smarter to avoid them?

Can we reduce pay for an exempt employee who works less because she is pregnant?

03/29/2011
Q. One of our salaried employees is pregnant. She brought in a doctor’s note that says she can work only six hours per day. Can I either reduce her pay or have her work six days a week?

Are we allowed to offer housing stipends to just some employees?

03/29/2011
Q. Is it legal to offer some employees, but not others, stipends to help with rent or lodging?

Who pays for uniform cleaning?

03/29/2011
Q. We require employees to wear uniforms. Can we deduct from their paychecks the money to pay for the uniform or clean it?

Acquiring another company? Buyer beware on employee benefits

03/29/2011
If your company ever acquires another company that has multiemployer pension or health benefit plan obligations through a union, beware. You could wind up being responsible for any delinquent contributions or underfunded benefit liabilities of the seller.

Benefits administrator pleads guilty to ERISA embezzlement

03/29/2011
The owner of Ohio-based Irvin Administrative Solutions faces up to 10 years in prison plus fines and restitution for embezzling more than $1 million from 12 different retirement plans located in seven states. The company served as a third-party administrator for employee retirement plans covered under ERISA.