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Pennsylvania

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:

Injured worker reapplying? Beware ADA suit

02/22/2010

You may be naturally disinclined to rehire a former employee who was off work for years because of an on-the-job injury. But that could be a big legal mistake, especially since he is now disabled.

Same offense, different circumstances: The punishment can fit the crime

02/22/2010

The cardinal rule for employers is to punish like offenses the same way. But that doesn’t mean that you don’t have some flexibility. For example, when two employees break the same rule, the underlying reasons might be considerably different. If you decide to punish one more severely than the other, document why you don’t consider the circumstances the same.

Don’t try to avoid OT pay by misclassifying technicians as exempt professionals

02/22/2010

If you classify some employees as exempt under the Fair Labor Standards Act’s professional exemption, make sure their jobs truly meet the criteria. Otherwise, you risk a potential wage-and-hour lawsuit for unpaid overtime.

Indiana Medical Center makes Fortune ‘best-to-work-for’ list

02/12/2010

The Indiana Regional Medical Center (IRMC) in west central Pennsylvania cracked Fortune magazine’s 2010 list of the “100 Best Companies to Work For.” IRMC came in at 60th on Fortune’s list, based on its impressively low nurse turnover rate of 2%.

Should we investigate? Worker may have been a victim of bias, but has yet to complain

02/12/2010

Q. We’re afraid one of our employees may have been subjected to discrimination here at work. However, she hasn’t filed a complaint. What should we do? Do we have an obligation to bring it up and investigate even if she declines?

Hunch about societal racism isn’t enough to make bias case

01/27/2010

With poor economic times come layoffs and reassignments. When these adverse events hit home, some employees may suspect they’ve experienced discrimination. But unless they have something concrete to hang their cases on, courts will toss out such cases.

Eagles’ Vick still dogged—this time by pension woes

01/27/2010

Philadelphia Eagles backup quarterback Michael Vick may be back in the NFL, but the litigation continues. The Employee Benefits Security Administration discovered that pension funds in one of Vick’s companies were improperly diverted to Vick to pay his criminal restitution. Now Vick must pay $400,000.

Prof at California University alleges gender discrimination

01/27/2010

A psychology professor at the state-run California University of Pennsylvania has filed a lawsuit claiming that pressure from higher-ups has kept her from being promoted.

Understand how whistle-blower laws affect employers, employees

01/27/2010

Whistle-blower statutes are designed to protect employees who report their employers for violating civil regulations or criminal laws. But that can seem like a risky proposition for employees, who may fear that reporting their employer to the authorities could cost them their jobs. That’s why whistle-blower laws exist …