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Pennsylvania

ADA: Use these criteria to keep courts from second-guessing job’s ‘essential functions’

02/25/2010

The ADA requires employers to try to find reasonable accommodations so disabled employees can perform the essential functions of their jobs. It’s up to employers to determine which functions are essential. Courts rarely second-guess employers that follow a few simple rules when a disabled employee challenges the employer’s list of essential functions. Here are the factors courts consider:

No special treatment required for pregnant employees

02/25/2010

Pregnant employees aren’t entitled to special treatment. Employers just have to treat them the same way they do other employees. If you don’t allow other employees to take leave or be placed in light-duty positions, then pregnant employees aren’t entitled to such privileges either.

Tell managers: No campaign to ‘get’ employee allowed

02/25/2010

Looking to get sued? Just throw the book at an employee whom you would just as soon see resign. That’s especially true if she has just engaged in some form of protected activity like asking for FMLA leave.

Alphabet soup of charges against US Airways in Philly

02/25/2010

The Philadelphia branch of the NAACP has sued US Airways, alleging a pattern of discrimination in employment and job assignments at the Philadelphia International Airport. The complaint alleges the airline assigns workers based on race and uses racially charged derogatory terms for gate-ticketing assignments.

They’re not too old to spend $6.2 million

02/25/2010

Two scientists fired from the Valley Forge chemical company PQ Corp. are millionaires following a federal jury’s verdict in their age discrimination lawsuit. The two, a 60-year-old woman and a 56-year-old man, filed age bias charges against PQ after the company implemented a mass layoff in 2005. The scientists alleged that all of the employees laid off were over age 55.

Court upholds limited-duty accommodation for state trooper

02/25/2010

Pennsylvania Commonwealth Court has upheld an arbitrator’s decision granting desk duty to a Pennsylvania state trooper who has a history of depression.

Horsham software firm settles age bias suit for $175K

02/25/2010

Astea International has agreed to settle an Age Discrimination in Employment Act (ADEA) lawsuit for $175,000. The EEOC brought the suit on behalf of 47-year-old Frank Fesnak, who was fired from his position as the Horsham-based company’s vice president of strategic alliances.

Must we track hours for exempt salespeople?

02/25/2010

Q. We have salespeople who work on a straight commission basis. Do we need to track their hours?

Can we forbid employees from gathering in a prayer group while on breaks?

02/25/2010

Q. A group of our employees met during their break to have group prayer. A supervisor complained to our president, who said we should tell employees they can’t pray on break time, nor can they pray during lunch unless they leave the building. Some employees are upset. Is this policy legal?

How to apply FLSA’s administrative exemption

02/22/2010

Employers that want to avoid paying overtime to white-collar workers often invoke the Fair Labor Standards Act’s administrative exemption. For the administrative exemption to be legitimate, all of the following must be true: