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Pennsylvania

How can we recover funds accidentally overpaid to an employee?

04/25/2008
Q. We recently overpaid an employee by $3,000, but we did not discover the discrepancy for six months. Can we automatically and legitimately withhold those wages from the employee’s paycheck? Also, would it be inappropriate to dock additional wages because the employee did not make us aware of the mistake?  …

Handling a worker who clocks in early

04/25/2008

Q. We’ve repeatedly warned a part-time employee about clocking in earlier than he’s supposed to—sometimes more than an hour early. We know that we have to pay him for any hours worked, but what can we legally do to get him to work only the hours set for his position? Also, can we reprimand a co-worker who has been clocking in for him? …

COBRA claim for employee who didn’t sign up for health insurance?

04/25/2008

Q. We offer insurance benefits that begin three months after hire. Due to changing business conditions, we had to terminate an employee after only six months on the job. It seems that the worker wasn’t signed up for the health plan on his termination date. Does he now have any claim to COBRA? …

Is comp time legal in lieu of overtime?

04/25/2008
Q. Can our company legally offer comp time instead of overtime? I’ve received conflicting answers. …

Do we have to provide a job application even if we’re not hiring?

04/25/2008
Q. If we don’t have a job opening, are we required to hand out applications to anyone who asks? Or can we just say that we’re not taking applications at this time? …

The value of job descriptions—Even following termination

04/25/2008
Q. How serious is it if an employer doesn’t have written job descriptions in place? Is it safe to draft them even after a termination that could result in a lawsuit? …

Recapturing health insurance premiums following FMLA leave

04/01/2008
Answers to 3 questions about recovering health insurance premiums.

Check your org chart for hidden bias or preference

04/01/2008
It can happen before anyone in HR even realizes it: Managers or supervisors begin hiring applicants with ethnic or national backgrounds similar to their own. If you notice an unusually high number of similar employees concentrated in a division or section, it’s time for real efforts to make sure your staff fairly reflects the makeup of the overall work force …

Do promotion criteria rely on company or job seniority?

04/01/2008
If your organization uses seniority as a factor in making promotion decisions, make sure you think through what sort of seniority you really want to use—company seniority or job seniority. Make sure managers and employees alike understand which type of seniority counts for promotions …

Employees who agree to arbitration lose federal option in FMLA, NJLAD cases

04/01/2008
Employees who agree that they want an arbitrator to handle their absenteeism claims shortly after they have been disciplined can’t later file a federal FMLA or New Jersey Law Against Discrimination (NJLAD) claim …