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Pennsylvania

Injured on the way to work: Does our employee have a workers’ comp claim?

11/20/2009

Q. One of our employees was hurt while driving a company car on her morning commute to work. Would this be considered a workers’ compensation claim?

Why is workers’ comp telling us when our employee’s FMLA leave should start?

11/20/2009

Q. An employee took FMLA leave Sept. 1 because of job stress. In October, she had an operation for carpal tunnel syndrome. Workers’ comp ruled that her absence was work-related and it dated her workers’ comp claim back to Sept. 3. So, they’re now saying that her FMLA leave won’t start until she is officially released from workers’ comp. Do we need to keep a job open indefinitely for her?

H1N1 virus alert: Complying with the ADA during an emergency

11/13/2009

The H1N1 influenza virus has added a note of urgency to the need to understand the ADA’s privacy requirements. Although some of the rules are relaxed in emergencies, employers that use confidential medical information to discriminate against workers will have to answer in court for their actions.

Ruby Tuesday should say ‘goodbye’ to age bias in hiring

10/30/2009

Perhaps the irony is lost on those who don’t remember the ’60s. Ruby Tuesday Restaurants—named after an early Rolling Stones hit—has been charged with violating the ADEA by refusing to hire applicants over age 40. If allegations by the EEOC are true, Mick Jagger himself couldn’t get hired at the store’s franchises …

Make sure FMLA eligibility form doesn’t create a contract

10/30/2009

A federal court has refused to accept the notion that a standard FMLA eligibility form sent to an employee creates a contract.

FMLA notwithstanding, it’s OK to consider attendance in RIF

10/30/2009

Employers that must decide whom to cut during a reduction in force sometimes mistakenly fear they can’t terminate someone who is out on FMLA leave—even if the employee had an atrocious attendance record before she went on leave. That’s simply not fair to other employees.

Malvern’s Vanguard Group faces race discrimination suit

10/30/2009

As one of the largest investment management companies in the nation, Malvern-based Vanguard Group is used to making money, not paying it out. That could change now that the firm has been sued for racial discrimination after allegedly refusing to hire a black applicant for a high-level finance job.

State to upgrade unemployment comp claims phone system

10/30/2009

Pennsylvania’s unemployment compensation system—dealing with unprecedented demand during the recession—gets an assist this fall thanks to a $6 million grant from the U.S. Department of Labor.

Shine a light on SAD, ADA accommodations and the FMLA

10/30/2009

As the winter months set in, some people may notice that they feel more tired, experience weight gain or struggle to get out of bed in the morning. While the majority of people who experience these symptoms have nothing more serious than the “winter blues,” others suffer from a potentially debilitating condition known as seasonal affective disorder (SAD). Be careful not to brush off employees who complain of SAD.

How should our attendance policy address absences and lateness covered by the FMLA?

10/30/2009

Q. We have a point system for absences and lateness. Our no-fault attendance policy states that if employees call in after the start of their shifts, they’ll receive two points. What if the reason for an absence is covered by the FMLA? Should the employee still receive the two points?