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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.

Does this person have a case? We withdrew an offer after she quit her old job and moved

06/26/2009

Q. We offered a job to an applicant who was located out of state. We orally promised her a position and gave her a start date. As the date grew closer and we were finalizing the offer letter, there was a hiring freeze and we had to withdraw the offer. She has now threatened to sue us. Does she have a case?

Can we prohibit employees from sharing salary information with one another?

06/26/2009

Q. Is it illegal for a company to prohibit employees from sharing salary and wage information?

How closely can we monitor contractors without creating an employment relationship?

06/26/2009

Q. Can I require an independent contractor to provide weekly sales reports (number of contacts made, closed sales, contracts sent, etc.) without turning our arrangement into an employer/employee relationship?

Can we listen in on employees’ phone calls?

06/26/2009

Q. We have a good reason to believe that one of our employees is divulging proprietary company information to a friend of his who works for our competition. We have a device that would allow us to listen in on his phone conversations, but not record it. Is it within our rights as an employer to listen in on his calls?

Must we pay a bonus to someone who earned it but no longer works for us?

06/26/2009

Q. Our company pays quarterly and annual bonuses, depending on the position. If an employee is with us throughout the entire quarter/year, but leaves before we pay out the bonuses, is he still entitled to one? We don’t have a policy stating that you must be employed at the time the bonus is paid.

Better heed Ledbetter: Audit pay policies to ensure equal pay

06/16/2009

Under the Lilly Ledbetter Fair Pay Act of 2009, each paycheck that unfairly pays a worker less than it should is a discriminatory act. Now is the time to audit your pay policies. Involve your attorneys—to take advantage of attorney-client privilege protection while you correct any discriminatory practices you uncover.

Labor Department seeks more funds to boost enforcement

06/08/2009

U.S. Secretary of Labor Hilda Solis’ budget request to Congress includes funds to hire nearly 1,000 new employees, 670 of whom will be investigators. The plan calls for 200 more wage-and-hour Labor investigators and 160 additional OSHA gumshoes.

Lawsuits on the rise: Audit your policies to prevent litigation

06/05/2009

The economy is a shambles, and employers are doing everything they can to stay in business. That includes terminations, salary and wage cuts and temporary furloughs. Nearly every one of those moves carries litigation risk. Have your company’s personnel policies and practices had a checkup lately? A comprehensive audit is one of the easiest ways to spot problems.

Rules of the road: Know when to pay hourly employees for travel time

06/02/2009
You don’t need to pay nonexempt employees for their commuting time to and from the workplace. That’s simple. But what if such employees occasionally travel off-site (or even overnight) for work reasons?

Immigration crackdown targets employers—not illegal workers

05/27/2009

Fulfilling a pledge President Obama made during the 2008 campaign, the Department of Homeland Security has announced its immigration enforcement activities will target employers that hire undocumented workers instead of focusing on arresting and deporting the workers.