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Pennsylvania

When planning layoffs, conduct audit to ensure there’s no age discrimination

08/01/2018
Calculate the average age of the workers you plan to retain and compare it to the workers you plan to terminate.

It’s tough to prove bias if the manager who hired was also the one who fired

08/01/2018
A manager who knew of someone’s protected characteristic would not have hired that applicant and then turn around and fired the same individual because of that very protected characteristic. A biased manager would never have hired her in the first place.

When discussing ADA accommodations, track every offer and counter-offer

08/01/2018
If a worker refuses to accept an offered accommodation, the employer is free to end the accommodations process—which may even mean the employee loses her job.

Anti-harassment policy alone isn’t enough

08/01/2018
It goes without saying that every employer should have a robust policy prohibiting sexual harassment. But just having a policy isn’t enough.

Worker who quit wants old job back? Too bad

08/01/2018
Sometimes, workers quit without warning. Then, after cooling off, they may reconsider and ask to come back—in effect, “unresigning.” If you have already documented the original resignation, you don’t have to take the worker back and you generally won’t face liability for an adverse employment action.

Pennsylvania DLI proposal would more than double exempt threshold

07/10/2018
The Pennsylvania Department of Labor and Industry has submitted a proposed rule to amend the regulations that exempt executive, administrative and professional salaried workers from overtime requirements under Pennsylvania’s Minimum Wage Act of 1968.

Executive order bars salary inquiries for some state jobs

07/10/2018
Brandishing a plastic bag containing 79 cents, Gov. Tom Wolf announced an executive order barring most Pennsylvania government offices from asking for an applicant’s salary history during the hiring process.

OSHA inspectors beat a path to Bensalem, Pa. construction firm

07/10/2018
Strong Contractors in Bensalem, Pa. has become the go-to destination for OSHA inspectors. Since March 2017, they have descended on Strong worksites 14 times.

Judges reserve the option to reduce some huge jury awards

07/10/2018
Winning a discrimination suit over a lost promotion can cost an employer dearly—but all is not lost simply because a jury concludes the promotion was unfairly awarded.

Required security clearance doesn’t violate CHRIA

07/10/2018
The Pennsylvania Criminal History Records Information Act restricts how employers may use criminal records in hiring. That doesn’t mean employers cannot require a security clearance from an outside agency.