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Pennsylvania

OSHA inspectors are at your door … Are you prepared?

02/02/2009

An unexpected visit from a government regulator such as OSHA is often unwelcome—and unsettling, too. If you have taken the time to prepare for an OSHA inspection, however, it need not be traumatic. Advance planning and preparation not only make the inspection proceed without difficulty, but also allow you to be in control.

What time off counts for the purpose of FMLA intermittent leave?

02/02/2009

Q. I told an employee who takes lots of FMLA intermittent leave that all his time out of the office (no matter what it was for) would count against his FMLA time. My VP told me I was wrong and that was absolutely not the law. Who is right?

Do we have to defend a third party whose negligence caused our worker’s injury?

02/02/2009

Q. One of our employees was badly injured when he tripped over equipment that had been left by our office building’s maintenance workers. Workers’ comp covered his medical bills and lost wages, but he also sued the building’s owners for negligence. Now we have a letter from the owners demanding that we defend them in the lawsuit and telling us we are responsible. How can that be? I thought we were protected by workers’ comp.

What should we have said—and say in the future—about an employee fired for theft?

02/02/2009

Q. We fired a part-time employee for stealing a gift card out of the trash. We have a policy against taking anything of value out of the garbage. The next day, his supervisor announced to everyone that the employee had been fired for theft. I don’t think it was appropriate to tell others the reason. Was it? And what should we say if someone calls for a reference?

What goes in a company credit card policy?

02/02/2009

Q. I work for a nonprofit agency. We plan to start using an agency credit card. We need a policy that covers who can use the card and when, plus some other things I haven’t thought of yet. What should the policy include?

Employers cut ’09 salary budgets; raises fall below 3%

02/01/2009

Remember those surveys last summer forecasting steady 3.6% salary increases for 2009? Forget about it. U.S. workers, on average, are now projected to receive annual merit increases of between 2.3% and 3.0% …

Obama signs Ledbetter Act, easing path for pay-bias suits

01/29/2009

President Obama signed the Lilly Ledbetter Fair Pay Act on Jan. 29, making it easier for women and others to sue for pay discrimination that may date back decades. Drafted in response to a 2007 U.S. Supreme Court decision that said employees had at most 300 days to file pay discrimination complaints, the new law counts each unfairly low paycheck as a fresh discriminatory act.

Boss makes employee sick? That’s no disability

01/27/2009

If every employee who got depressed or anxious after receiving a poor performance review or trying to satisfy a demanding boss could sue, the courts would have little time for anything else. That may be one reason that courts have been rejecting ADA cases based on stress and anxiety brought on by work conditions.

Promptly investigate co-worker harassment—and ensure employees know how to report it

01/27/2009

There’s no time like now to review your sexual harassment policies and processes. First, remember that sexual harassment by a supervisor is the most dangerous kind. But that’s not the case with most sexual harassment complaints, however—the ones that occur between co-workers.

Don’t let petty grievances cost you sleep: They seldom cause discrimination liability

01/27/2009

Most minor grievances never add up to a discrimination lawsuit. That’s why you shouldn’t lose too much sleep over employees who whine about every little problem. Employees—even those belonging to a protected class—must be able to tolerate minor annoyances. Judges don’t like having to referee workplace pettiness.