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Pennsylvania

Fired for dozing, employee may still get unemployment

08/27/2010
Don’t expect to escape unemployment compensation liability if you fire someone for sleeping on the job. If the reason is an underlying medical condition, the employee may be able to prove she wasn’t fired for cause.

Positive drug test? Get worker to admit drug use, too

08/27/2010
Here’s a step you can take to guard against challenges to your drug-testing procedures. When you tell an employee he failed the test, get him to admit he used drugs. That can ensure he doesn’t receive unemployment compensation.

Pick an FMLA leave calculation method, stick with it–and inform employees

08/27/2010

The FMLA provides 12 weeks of leave per year, but employers have flexibility for determining when those 12 weeks start and end. Choose one of four possible calculations and let employees know which one you’re using. Otherwise, courts will use the one that gives employees the best deal.

Pittsburgh 4th on Forbes list of cities for working moms

08/27/2010

Buoyed by a good education system, low costs and a falling crime rate, Pittsburgh has placed fourth on Forbes magazine’s annual list of the nation’s best cities for working mothers. The rankings were based on a survey that weighed women’s income, cost of living, availability of pediatricians, safety, employment and spending on education.

Safety trumps faith: Feel free to ban religious garments if they pose a workplace hazard

08/25/2010
Employees have the right to wear religious garb to work, within limits. Under most ordinary circumstances, for example, Muslim women should be allowed to wear head coverings if they hold the sincere belief such coverings are required of their religion. But if the head covering presents a safety issue, chances are an employer can ban the covering.

Partner or employee? Degree of control matters

08/25/2010
If yours is a business engaged in professional practices like law, medicine or accounting, your organization may have partners or shareholders who receive paychecks. Know that such shareholders probably can’t sue for discriminatory practices under Title VII and other anti-discrimination and employment laws.

Fear lawbreaking? Document before firing

08/25/2010

Some employers don’t necessarily want to confront an employee directly when they suspect that he may be engaged in illegal activity. The threat of violent reprisal is very real. If you fire the employee, he may sue, alleging some form of discrimination. But if you have documented why you did what you did, chances are the lawsuit will be dismissed.

Does your wellness program clash with new genetic bias law?

08/17/2010
Approximately 70% of employers sponsor wellness programs designed to drive down health care costs, reduce absenteeism and promote better employee health. But now, the Genetic Information Nondiscrimination Act has muddied the wellness waters. Learn how to comply while still offering incentives for employees to participate in your wellness program.

Pierogi–steamed at Pirates’ front office–loses job

08/10/2010

Andrew Kurtz, part of a crew of guys who dress as hearty snacks and race around the Pittsburgh Pirates’ stadium at every home game, was canned after criticizing team executives on Facebook. There’s a lesson in here somewhere—perhaps on social media, perhaps on the tricky decision about who to fire when things aren’t going well.

Must we pay workers who have been suspended?

08/06/2010
Q. We recently sent an employee home for not following his supervisor’s instructions. Do we have an obligation to pay him for the full day regardless? How should we handle this situation in the future? Is this considered administrative leave?