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Pennsylvania

Foot Locker says no foul, but pays $90,000 anyway

04/25/2008
The Foot Locker chain of athletic shoe stores will pay a former cashier $90,000 to settle a sexual harassment lawsuit. Jeleana James filed an EEOC lawsuit alleging she was harassed and groped while working in an Upper Darby Township store …

Biased pay policies cost school district millions

04/25/2008
A federal jury has awarded $1.2 million to 12 teachers who sued the Elizabeth Forward School District in Allegheny County for age discrimination. The teachers alleged they were hired at the lowest pay scale because they were older women …

Pennsylvania will consider paid leave bills

04/25/2008
In the wake of New Jersey’s recent passage of family leave legislation, more state legislatures are considering bills that would require paid family leave. Fourteen states, including Pennsylvania, will consider mandatory paid family leave this year …

7 steps for conducting effective workplace investigations

04/25/2008
Inevitably, your organization will have to conduct a workplace investigation. It may be because an employee has alleged discrimination, or perhaps someone has stolen something. Whatever the reason, an investigation is in order—and you have to get it right. An inadequate investigation can do more harm than good …

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? …