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Pennsylvania

Could you use a little change? Courts seem more willing to make employees pay legal fees

07/27/2010

When employees win at least some part of their lawsuits, employers have gotten used to being stuck with paying employees’ attorneys’ fees. But until recently, courts haven’t seen fit to make employees pay the other side’s legal fees if the verdict goes the employer’s way. That may be changing, if a recent 3rd Circuit Court of Appeals case is any indication.

Informal ERISA complaints aren’t protected

07/27/2010
Recently, the 3rd Circuit Court of Appeals had a chance to declare that an informal internal complaint about ERISA-covered benefits might be enough to protect an employee from retaliation. Fortunately for employers, it declined to do so.

Don’t rely on one-sided arbitration agreements

07/27/2010

Arbitration agreements are supposed to help resolve employment disputes quickly and inexpensively. That’s true sometimes, but only if the agreement is fair. If an employer tries to use arbitration as a way to avoid litigation by making it overly difficult for an employee to use the system, a court is likely to throw out the whole agreement as “unconscionable.”

When you learn of possible harassment, investigate promptly, take fast action

07/09/2010

Employers that act fast when an employee complains about any form of harassment can almost always salvage what would otherwise be a very bad situation. The key is prompt investigation—followed by equally fast and decisive action if it turns out the complaint has merit.

Are there other steps we should have taken before following discipline with termination?

07/02/2010
Q. We fired one of our truck drivers after giving him a written warning about continued lateness in completing weekly logs. Should we have taken any other action prior to his termination?

How can I do a better job of screening applicants?

06/24/2010
Q. I constantly run into this problem: I prescreen a candidate who seems like a perfect fit for the job description. But when I send the person to the hiring manager for an interview, I’m told to keep looking for someone better. This is frustrating to the managers, the applicants and me. Any suggestions on how I can improve my screening?

How should we calculate OT when paying bonuses based on previous performance?

06/24/2010
Q. Our company pays monthly bonuses to hourly employees based on the previous month’s performance. When calculating overtime, should the bonus pay be included only for the weekly payroll that contains those bonuses, or does it change the overtime rate for other weekly pay periods as well?

Will proposed legislation put us on the financial hook for misclassified employees?

06/24/2010
Q. If, according to the revised Employee Misclassification Prevention Act, we’ve been improperly classifying certain employees, do we need to go back and reimburse them? At the time, we thought they were properly classified.

Are we vulnerable to reverse discrimination claims because of our ‘early out’ program?

06/24/2010
Q. Are there any specific rules defining “early out” retirement packages offered to employees? Our company is planning to offer early outs. Our criteria mandate that an employee must have worked for us for at least 15 years and be at least 50 years old. But we have employees who have worked as long as 28 years who fail to meet the 50-year-old criterion. Is this age discrimination in a reverse sort of way?

In health care? Get ready for federal affirmative action scrutiny

06/24/2010

The Office of Federal Contract Compliance Programs (OFCCP) has a bigger budget and more staffing this year, and intends to audit federal government contractors or subcontractors that have 50 or more employees and a contract or subcontract of at least $50,000. And the OFCCP can be expected to increase its scrutiny on health care providers that are contractors or subcontractors for the government.