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Pennsylvania

Balance ADA rights when worker returns from FMLA leave

07/01/2008
An employee who takes FMLA leave is entitled to return to her former job when she recovers. But what if she still needs more time to fully recover and can’t do her old job? Can you refuse to reinstate the employee? Before leaping from that litigation-prone ledge, consider whether the employee may be covered by the ADA …

Be nice to that ex-Employee who sued! He might come back

07/01/2008
When an employee who was fired or didn’t get a promotion sues, it’s easy to get angry—especially if you don’t believe you or your organization’s supervisors did anything wrong. But that’s a mistake. The better approach is to remain cordial and civil. Here’s why …

You may not even see EEOC complaint until lawsuit hits

07/01/2008
In a new twist on an already complicated HR world, an employer now may find itself served with a federal discrimination lawsuit without any inkling that a case was even brewing. Ordinarily, the employer gets a copy of the employee’s EEOC complaint before anything else happens. But what happens if the EEOC doesn’t let you know about the complaint and the employee goes to court? …

Public employers, take note: Appeals court rules on firefighter/Paramedic exemption

07/01/2008
The 3rd Circuit Court of Appeals, which has jurisdiction over New Jersey employers, has finally ruled on a sticky point that has perplexed many fire departments. The court has concluded that paramedics who also have firefighting responsibilities can be paid less than time-and-a-half for overtime under the Fair Labor Standards Act …

Demanding coffee may be gauche, but it’s not harassment

07/01/2008
In a case that illustrates just how sensitive some employees are to perceived sexual stereotypes, a woman hired to work as a receptionist tried to claim that refusing to serve her male bosses coffee was tantamount to engaging in protected activity. Then she alleged retaliation …

Use moonlighting, confidentiality policies to discourage outside work

07/01/2008
Most jobs demand full-time attention. That doesn’t always stop employees from taking second or even third jobs. f you want your full-time employees’ full-time attention, consider adopting a “no moonlighting” policy, plus a clear prohibition against any kind of work for the competition …

Anchors, oy vey!

07/01/2008
There may be something to the tales of a bitter rivalry between Alycia Lane and Larry Mendte, both news desk fixtures at CBS affiliate KYW-TV in Philadelphia—and now both in legal hot water …

Senate: About-Face on smoking bill

07/01/2008
Just a week after rejecting it, the Pennsylvania Senate reversed course and passed a bill banning smoking in most workplaces and public spaces in the state. The ban will take effect 90 days after Gov. Ed Rendell signs it …

States settle deceptive-Practices lawsuit against Express Scripts

07/01/2008
Pharmacy benefits management giant Express Scripts has agreed to pay $9.5 million to 28 states—including Pennsylvania—to settle lawsuits alleging deceptive business practices …

Doh!

07/01/2008
A woman wanted for stealing money from her employer in North Dakota gave authorities a helping hand when she used her former boss as a reference for a job in Pennsylvania …