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Pennsylvania

Not yet eligible for FMLA? Consider offering intermittent leave as ADA accommodation

10/10/2018
While we usually associate intermittent leave with the FMLA, occasional time off may also be a reasonable accommodation under the ADA.

Alleged hostile environment at Franciscan monastery

10/10/2018
Two women who once worked at a central Pennsylvania monastery have filed suit against their former employer alleging one Franciscan brother created a hostile work environment.

Equitably enforce rules against fighting

10/10/2018
Rest assured that you won’t be second-guessed if you apply no-fighting rules even-handedly.

Ensure investigation isn’t tainted by bias

10/10/2018
When faced with the potential for widespread employee misconduct, how you investigate your suspicion can make all the difference in preventing a needless discrimination lawsuit.

Pennsylvania Supreme Court to weigh fluctuating workweek OT method

08/31/2018
The Pennsylvania Supreme Court has agreed to hear a case that could affect how employers pay overtime to nonexempt salaried employees in the Commonwealth. At issue is whether employers may use the fluctuating workweek option allowed under the federal Fair Labor Standards Act.

Report: Glass ceiling holds women back at DOJ

08/31/2018
The U.S. Justice Department’s Inspector General has issued a report showing that women are substantially underrepresented in criminal investigative and leadership positions within the Department of Justice.

Good documentation wins discrimination lawsuits

08/31/2018
If you have to discharge a difficult employee, be patient—and carefully document everything. You need detailed records showing exactly how the em­­ployee interacted with other workers and why the behavior was unacceptable.

Embarrassing emails could wind up being aired in court

08/31/2018
Remind supervisors to choose their words carefully when composing emails. Generally, all forms of communication are fair game for discovery during litigation.

Minor schedule changes can add up to an FMLA interference claim

08/31/2018
Employees are entitled to reinstatement to an equivalent position when they return from FMLA leave. Any change to the terms and conditions of employment—even a seemingly minor one—may amount to FMLA interference.

Harassed employee may have legal case even if she ignored internal complaint procedures

08/31/2018
If supervisors and managers witness harassment and do nothing, an employee may conclude that the workplace is so permeated with harassment that it would be pointless to complain. That’s particularly true if HR personnel are among the managers apparently ignoring harassment.