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Pennsylvania

Fired employee sues? Consider counter-claim

11/06/2018
If you have good records showing exactly how you decided to terminate and can explain why you terminated an employee without stating the underlying reasons, you may be able to bring that up if she sues.

Bottom-up hiring could perpetuate pay bias

11/06/2018
There’s a danger that wages may appear to be discriminatory if the hiring process is centralized, but decisions about starting pay are made locally, without regard to broader corporate compensation scales. The risk: Class-action lawsuits.

Bill to limit noncompetes considered in Harrisburg

11/06/2018
A bill before the Pennsylvania General Assembly would outlaw most noncompete agreements and give employees a private cause of action against employers should the employer attempt to enforce a noncompete agreement.

Staffing agency sued for ‘perceived as disabled’ bias

10/10/2018
Multinational staffing agency Adecco faces an EEOC lawsuit alleging one of its offices in northwestern Pennsylvania violated the ADA when it failed to place a disabled applicant in the position he sought.

Minimum wage for federal contractors goes up in 2019

10/10/2018
Effective Jan. 1, 2019, employers performing work on federal contracts must pay workers $10.60 per hour.

Court gives go-ahead to cultural bias case

10/10/2018
Treating individuals differently based on cultural bias can backfire for foreign corporations with a presence in the United States.

Facebook comments don’t create hostile environment

10/10/2018
A woman who sued her employer over Facebook comments has lost her hostile environment lawsuit.

Employees of companies doing business with Pennsylvania have whistleblower protection

10/10/2018
Some private employers have been arguing that the services they provide are not for or to a public body. Therefore, they argue, they can’t be sued for punishing whistleblowing employees. A federal court has concluded that reasoning is wrong.

Public employees’ ordinary work complaints aren’t protected by the First Amendment

10/10/2018
Public employees have limited First Amendment rights to speak out about matters of public importance. That doesn’t include simple workplace gripes.

Not yet eligible for FMLA? Consider offering intermittent leave as ADA accommodation

10/10/2018
While we usually associate intermittent leave with the FMLA, occasional time off may also be a reasonable accommodation under the ADA.