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

Pennsylvania

When employee gripes about differing treatment, be prepared to document everything

11/24/2010
Occasionally, employees angrily complain that discrimination is the reason they’re being treated differently than other employees. But different treatment isn’t always discrimination, and in fact, it’s often easy to explain.

Harrah’s passes on diversity study, citing past litigation

11/24/2010
When the Pennsylvania Gaming Control Board conducted a study this summer of employee diversity in the state’s casinos, Harrah’s Chester Casino and Racetrack refused to participate. The reason: Past lawsuit settlements forbade the company from discussing minority hiring and employment figures.

Warn bosses: Beware discouraging leave requests

11/24/2010

Whether it’s intentional or not, some supervisors send unmistakable signals that their subordinates had better not take time off unless it’s absolutely necessary. That can mean trouble. Employees who are too scared to ask for leave may later turn around and sue, alleging a deliberate effort to discourage them from taking advantage of the FMLA.

Courts crack down on workers who wait years to sue

11/24/2010
Courts are losing patience with employees who think they can sue their employers years after alleged discrimination or harassment.

Management exemption looks at duties, not time

11/24/2010

Retail managers are generally responsible for everything that happens in their stores. But they often spend most of their time doing the same work that hourly employees do. Even so, they may qualify as exempt employees under the FLSA. It’s the quality of the management work they do that counts, not the number of hours they spend doing it.

When harassment allegations surface, launch comprehensive investigation right away

11/15/2010

Are you sure your company is doing everything it can to prevent lawsuits? Start by looking at how you react to discrimination complaints. If you know exactly what to do from the moment an employee first complains until he or she files a federal lawsuit, there’s no need to read further. But if you hesitated for even a moment, keep reading.

How to Collect Employee Medical Info Under New FMLA Rules

11/10/2010
Login Email Address Password I forgot my password To continue reading this page, become an HR Specialist Premium Plus member today! Your subscription includes: Ask the Attorney: Answers to your HR legal questions Compliance Guidance: Access to 7,000 HR news articles, updated daily, sorted by state State-by-State: Summaries of HR laws in all 50 states […]

3rd Circuit: Ledbetter Fair Pay Act doesn’t apply to failure-to-promote cases

10/29/2010
Here’s a bit of good news for employers worried about lawsuits that may crop up years after a faulty employment decision was made. The 3rd Circuit Court of Appeals has refused to expand the impact of the Lilly Ledbetter Fair Pay Act, which says that each paycheck that is lower than it should be because of a past discriminatory act can be the basis of a new lawsuit.

When showing up for work is essential, you don’t have to accommodate with lax schedule

10/29/2010
Employers naturally expect employees to show up on a regular basis, unless there’s an illness or emergency.But some employees have medical or other conditions that cause sporadic attendance. If they claim a disability, then they must be able to prove they can perform a job’s essential functions with or without reasonable accommodations.

 

When faced with irrationality, act rationally

10/29/2010

Have you ever run across an irrational employee who thought everyone was out to get him because of bias? You probably listened carefully to his complaints, only to realize there was no real discrimination going on. It would be easy to dismiss the complaint out-of-hand. However, a better approach is to try to fix the “problem.” The reason: Irrational employees often file lawsuits despite ample evidence that nothing is amiss.