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

Pennsylvania

Failure to interview for promotion can be retaliation

09/24/2010
Employees who complain about alleged discrimination and experience retaliation can sue even if it turns out they don’t have a valid discrimination case. And almost anything that would dissuade someone from complaining in the first place is retaliation.

Watch out when firing for breaking unwritten rule

09/24/2010
Before you approve a termination based on an employee’s apparent violation of an unwritten rule, decide whether the reason can stand up to scrutiny.

OK to pay commissions on a flat-rate basis–it won’t violate FLSA commission exemption

09/24/2010

For years, the DOL has argued that commissions must be based on a percentage of sales in order to be valid. But now the 3rd Circuit has approved a different form of commissioned sales—one in which employees are paid based not on the total amount of the sale, but on other factors such as whether the sale was made on an outgoing sales call or an incoming one.

Hazleton’s illegal-immigrant law overturned: Federal law prevails–for now

09/24/2010
The 3rd Circuit Court of Appeals has overturned the city of Hazleton’s local ordinances that attempted to regulate employment of undocumented immigrants. The court reasoned that the federal government has the sole authority to oversee illegal immigration.

Pennsylvania House considers mandatory sick leave bill

09/24/2010

A Pennsylvania House of Representatives committee has begun considering legislation that would require all employers to provide some paid sick leave for employees. The Healthy Family, Healthy Workplaces Act would require employers with 10 or more employees to provide at least one hour of sick leave for every 40 hours worked, up to a maximum of 52 hours per year.

Beware! Your ‘neutral’ rule may invite lawsuit

09/24/2010
So your work rules are fair and neutral. There’s no way employees belonging to a protected class would sue you, alleging the rule has a disparate impact. Guess again—it happens. Consider this recent case, which has resulted in years of legal wrangling.

Ensure fair distribution of work opportunities

09/24/2010

Does your company employ salespeople who are responsible for meeting certain benchmark goals? If so, be sure you have some way to check that everyone competes on an even footing. That includes ensuring that things like territories and leads are distributed in a way that doesn’t favor members of one group at the expense of another.

Philadelphia attorney accused of $1 million embezzlement

09/10/2010
Jeffrey Abramowitz had worked his way from law student to named partner at the Center City firm of Klevan & Abramowitz. That all came to an end last December when senior partner Mitchell Klevan discovered evidence that Abramowitz had been depositing client funds into his personal account and diverting firm funds for his own purposes.

Polio pioneer sues Jefferson hospital over ouster

09/01/2010
Hilary Koprowski, the Polish-born developer of the precursor to Albert Sabin’s oral polio vaccine, has sued Philadelphia’s Thomas Jefferson University Hospital after it shut down his research lab. The hospital claims Koprowski’s lab doesn’t bring in enough grant money to fund its operation.

What are the laws on correcting timecards?

08/27/2010
Q. We use a timecard punch-in/punch-out system. If an employee forgets to punch in, and we manually do it, do any labor laws apply?