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Pennsylvania

Inability to work overtime doesn’t constitute disability

04/28/2010
Employees with psychological problems may claim they can’t handle the stress of working more than a regular 40-hour week. But if that’s the only restriction the employee has, he’s probably not disabled.

Don’t rewrite job description in middle of hiring process

04/28/2010

Before you post a job opening and begin the search process, be sure the job description is accurate and reflects the experience and qualifications you’re looking for in the ideal candidate. Above all, don’t change the description midstream after you’ve begun reviewing candidates.

Independent judgment, discretion key to administrative exemption under Pa. law

04/28/2010

Under the Pennsylvania Minimum Wage Act (PMWA), employees engaged in administrative work aren’t eligible to collect overtime pay. But what about employees who spend a lot of time in the field—calling on clients or prospects, for example?

OK to punish employees for disruptive acts–even if done in the context of protesting bias

04/23/2010
Employees are protected from retaliation for opposing discriminatory employer practices. But that doesn’t mean they can voice that opposition in a disruptive or discourteous way.

How should we calculate paid ‘on-call’ time?

03/26/2010
Q. We have a maintenance employee who we will soon put “on call” for various shifts—occasionally at night—to fix equipment. How should we handle his on-call pay?

Can we offer comp time instead of overtime pay for nonexempt employees who work OT?

03/26/2010
Q. Can we offer our nonexempt employees comp time instead of overtime pay during a pay period? If we can, do we have to offer it at one and a half times, just like overtime is paid? For example, if an employee works one hour of overtime, do we have to give him one and a half hours of comp time?

Returning from disability leave, can employee dictate the terms of his new job?

03/26/2010
Q. One of our employees has been out on disability leave for almost 16 months. He says he wants to return to work, but only if we give him a supervisory position without a lot of strenuous activity. We have no such position available. We’ve offered him other positions, but he’s refused them all. Can we legally terminate him?

Teamsters end strike, sign pact with Philly Produce Terminal

03/26/2010

Teamsters Local 529 has ended its strike against the Philadelphia Produce Terminal, the second largest such facility in the nation. The Teamsters will get a small wage increase and better health benefits.

Independent contractor alert: Feds on the lookout for misclassification

03/26/2010

Companies that use freelancers, consultants, per diems, long-term temps and other contingent workers are under assault. The federal government is poised to take a leading role in cracking down on employers it suspects of misclassifying employees as independent contractors. The feds aren’t alone …

OSHA fines Western Pa. roofer following 2009 fatal fall

03/26/2010

A Pittsburgh-area roofing company must pay more than half a million dollars in federal fines following the accidental death of one of its employees last year. OSHA fined C.A. Franc Construction Co. for failing to protect workers from falling on its job sites.