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Pennsylvania

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
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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.

As the EEOC steps up ADA enforcement, it’s time to review policies

10/28/2010

The EEOC projects the number of private-sector charges to exceed 100,000 by the end of fiscal year 2010. The increase is due in part to the additional statutory authority it gained with the passage of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). Given this trend, employers should review their ADA and medical policies to ensure they are in compliance with the ADAAA.

EEOC extinguishes Cintas’ harassment fire

10/28/2010

Uniform supplier Cintas will pay $152,000 to workers at its Conshohocken facility after agreeing to settle an EEOC race and sexual harassment suit. The suit stemmed from a supervisor’s sexual and racial harassment of black workers in Cintas’ fire-protection division.

Philly firm bans Muslim scarf, earns religious bias lawsuit

10/28/2010
Imperial Security, a Philadelphia-area security firm that provides guards for the Pennsylvania Convention Center and other locations in the city, faces a religious discrimination lawsuit after it refused to allow a Muslim woman to wear a khimar, a religious head scarf, on the job.

EEOC challenges Cavalier attitude toward age bias

10/28/2010
The EEOC has filed a class-action lawsuit against Cavalier Telephone on behalf of a group of account executives and job applicants from Pennsylvania and other Mid-Atlantic states, charging that the company refuses to hire older workers and fired two employees in retaliation after they objected to the alleged discrimination.