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Pennsylvania

Employment Lawyer Network:
Pennsylvania

Susan K. Lessack (Editor)

Pepper Hamilton LLP
Pennsylvania Employment Law

LessackS@PepperLaw.com
(610) 640-7806

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Susan K. Lessack is a partner in the Berwyn and Philadelphia offices of Pepper Hamilton LLP. She concentrates her practice in employment counseling and employment litigation. Ms. Lessack’s experience includes counseling employers on matters related to compliance with federal and state labor and employment laws, counseling regarding employee discipline and terminations, conducting investigations of employee conduct, including harassment, training employers on their obligations under employment laws and litigation avoidance, and developing employment policies. She defends employers in litigation of employment discrimination claims, wrongful discharge claims, and claims under federal and state employment-related statutes, such as the Family and Medical Leave Act and the Pennsylvania Wage Payment and Collection Law.

Equitably enforce rules against fighting

10/10/2018
Rest assured that you won’t be second-guessed if you apply no-fighting rules even-handedly.

Ensure investigation isn’t tainted by bias

10/10/2018
When faced with the potential for widespread employee misconduct, how you investigate your suspicion can make all the difference in preventing a needless discrimination lawsuit.

Pennsylvania Supreme Court to weigh fluctuating workweek OT method

08/31/2018
The Pennsylvania Supreme Court has agreed to hear a case that could affect how employers pay overtime to nonexempt salaried employees in the Commonwealth. At issue is whether employers may use the fluctuating workweek option allowed under the federal Fair Labor Standards Act.

Report: Glass ceiling holds women back at DOJ

08/31/2018
The U.S. Justice Department’s Inspector General has issued a report showing that women are substantially underrepresented in criminal investigative and leadership positions within the Department of Justice.

Good documentation wins discrimination lawsuits

08/31/2018
If you have to discharge a difficult employee, be patient—and carefully document everything. You need detailed records showing exactly how the em­­ployee interacted with other workers and why the behavior was unacceptable.

Embarrassing emails could wind up being aired in court

08/31/2018
Remind supervisors to choose their words carefully when composing emails. Generally, all forms of communication are fair game for discovery during litigation.

Minor schedule changes can add up to an FMLA interference claim

08/31/2018
Employees are entitled to reinstatement to an equivalent position when they return from FMLA leave. Any change to the terms and conditions of employment—even a seemingly minor one—may amount to FMLA interference.

Harassed employee may have legal case even if she ignored internal complaint procedures

08/31/2018
If supervisors and managers witness harassment and do nothing, an employee may conclude that the workplace is so permeated with harassment that it would be pointless to complain. That’s particularly true if HR personnel are among the managers apparently ignoring harassment.

EEOC paperwork flaw means Weis Markets won’t be sued

08/31/2018
The Weis Markets grocery chain is off the hook for a hostile environment harassment lawsuit because a Cumberland County, Pa. woman who sued mishandled the required EEOC paperwork.

Document mistakes occurring near FMLA leave

08/31/2018
Employees are entitled to take FMLA leave for covered serious medical conditions, which means they can’t be punished for taking leave. However, that protection doesn’t give them carte blanche to ignore workplace rules, and it doesn’t mean they can’t be punished for misdeeds that occur during FMLA leave.