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Pennsylvania

Don’t sweat EEOC complaint after discipline if you can prove process was fair

02/24/2009

It’s a fact that employees who think they are in trouble will look for ways to avoid termination—or profit from it. So it should come as no surprise if an employee files an EEOC discrimination complaint after you discipline him and warn that he may soon be terminated.

Do you use an arbitration clause? Make sure you can prove employees agreed

02/24/2009

Employers that use arbitration clauses can often get lawsuits sent to an arbitrator for faster and less expensive resolution—but only if they are prepared to prove that their employees agreed to arbitration.

New economic stimulus law includes HR-related provisions

02/24/2009

The economic recovery and stimulus bill President Obama signed Feb. 17 features several provisions affecting HR. Most require federal agencies to write new administrative rules, so it’s difficult to predict now exactly how they will work on an everyday basis. Here are some key provisions in the American Recovery and Reinvestment Act.

Forget FMLA absences when rating employee attendance

02/24/2009

Employers aren’t allowed to count absences covered by the FMLA when they discipline employees. That’s why it’s important to segregate any such absences from performance reviews and any discussions about attendance.

When FMLA leave is denied, damages can add up fast

02/24/2009

Here’s a lesson to pass on to managers and supervisors: Employees who win FMLA lawsuits after being denied the right to take leave can end up with a large pot of gold at the end of the litigation—a pot that has to be filled by the company.

Study: Pennsylvania a hotbed for W&H claims

02/24/2009

A recent report offers some ominous news for Pennsylvania employers. Pennsylvania is one of eight states that saw an increase in class-action wage-and-hour cases filed in state court last year, according to the Seyfarth Shaw law firm’s new Workplace Class Action Litigation Report.

Williams-Sonoma sticks fork in Camp Hill call center

02/24/2009

Kitchen supply store Williams-Sonoma closed its Camp Hill call center in January. The company opted to pay its employees 60 days’ wages in lieu of providing the 60-day warning required by the federal WARN Act.

2 Pennsylvania employers make Fortune ‘best’ list

02/24/2009

Two companies headquartered in Pennsylvania have made Fortune magazine’s 2009 “100 Best Companies to Work For” list. They are Lehigh Valley Hospital and Health Network, headquartered in Allentown, and retailer Men’s Wearhouse, based in Pittston.

Management company pays big for pregnancy discrimination

02/24/2009

Carole Smith, who worked for property management firm Normandy Properties, sued the company for pregnancy discrimination, and a jury awarded her $600,000 in compensatory damages. Then it assessed the company $1.2 million in punitive damages.

Prepare for the EFCA—even if unions never worried you before

02/24/2009

By now, most employers have heard of the Employee Free Choice Act (EFCA), the proposed legislation that would make it dramatically easier for unions to organize workers and obtain favorable terms in the initial collective-bargaining agreement. Is it time to panic? Of course not, but it is time to take action.