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Pennsylvania

Watch calendar if you plan to fire following FMLA leave

07/27/2010
Employers that fire employees right after they return from FMLA leave run a risk that the timing alone will be seen as proof of retaliation. Unless you are absolutely sure you can convince a judge or jury that the termination is justified, it makes sense to wait a month or so.

Make sure contractors are free to work for other clients

07/27/2010

The more control an employer tries to assert over a worker it intends to treat as an independent contractor, the more likely that worker is actually an employee. That’s why you should make sure independent contractors have the leeway to work for others and maintain their own schedules.

Unsure about your accommodations obligations? Find out fast–or risk personal liability

07/27/2010
The Pennsylvania Human Rights Act is the commonwealth’s companion to federal employment laws such as the ADA and Title VII. The PHRA goes beyond most federal laws because it authorizes personal liability for those who “aid and abet” an act of discrimination. And as one recent case shows, aiding and abetting can include making a serious mistake about a reasonable accommodation request.

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?