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Pennsylvania

Employment Lawyer Network:
Pennsylvania

Susan K. Lessack (Editor)

Pepper Hamilton LLP
Pennsylvania Employment Law

LessackS@PepperLaw.com
(610) 640-7806

Click for Full Bio

Susan K. Lessack is a partner in the Berwyn and Philadelphia offices of Pepper Hamilton LLP. She concentrates her practice in employment counseling and employment litigation. Ms. Lessack’s experience includes counseling employers on matters related to compliance with federal and state labor and employment laws, counseling regarding employee discipline and terminations, conducting investigations of employee conduct, including harassment, training employers on their obligations under employment laws and litigation avoidance, and developing employment policies. She defends employers in litigation of employment discrimination claims, wrongful discharge claims, and claims under federal and state employment-related statutes, such as the Family and Medical Leave Act and the Pennsylvania Wage Payment and Collection Law.

Gov’t employees enjoy free speech protection

07/10/2018
Government employees have more protection from termination than most private-sector workers do. Example: They have the right to comment on matters of public concern without being discharged for doing so.

No bias allowed when deciding who telecommutes

07/05/2018
About 45% of employers permit some of their employees to telecommute. If you allow staff members to work from home, make sure managers and supervisors grant the privilege fairly.

Key to progressive discipline: Implement steps consistently, keep solid documentation

06/19/2018
If you have a progressive disciplinary policy that gives employees a chance to improve when they make mistakes, make sure you use it consistently. It will pay off if you follow your policy, fire an employee and the employee later decides to sue.

Promote diversity without violating discrimination laws

06/07/2018
Workplace diversity initiatives can benefit employers and employees alike, but they can also present a challenging dynamic for employers.

Battery maker charged with pay violations

06/07/2018
Eastern Penn Manufacturing Co. in Lyon Station, Pa., faces a lawsuit after investigators from the U.S. Department of Labor’s Wage and Hour Division found the company failed to pay workers for the time they spent putting on and taking off protective clothing and time spent showering before they checked out.

Too small for FMLA to apply? Don’t count on it

06/07/2018
Employers don’t have to comply with the FMLA unless they employ 50 or more employees. However, they can’t escape being covered by creating smaller, wholly owned enterprises.

Stress doesn’t invalidate employee signature on waiver

06/07/2018
Terminated employees often receive a severance payment in exchange for waiving the right to sue. Employees considering such an offer may feel stressed out, considering they are about to be fired. Their stress won’t invalidate an otherwise fair waiver.

Animosity isn’t always evidence of bias

06/07/2018
Supervisors may harbor deep animosity towards a particular worker. But unless that animosity is based on a protected characteristic such as race, sex or age, it remains merely unfair, not a case of discrimination.

Petty incidents don’t add up to a hostile environment

05/31/2018
The 3rd Circuit Court of Appeals has made it official: Sometimes an employee just needs to grow a thicker skin to deal with the petty annoyances that vex many workplaces.

Don’t let dumb comments derail discipline

05/31/2018
Supervisors sometimes say things they shouldn’t. Don’t let those minor screw-ups derail discipline that’s clearly deserved.