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Pennsylvania

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 …

Check for not so obvious patterns of race discrimination

04/01/2008
Lots of employees try to blame lost jobs or promotions on discrimination. To do so, they assign themselves into protected classes that may not seem at all obvious. For example, a black employee who obviously hasn’t been discriminated against because he is black may add national origin to the mix …

Employees can sign away past FMLA violations in Pennsylvania

04/01/2008
The U.S. Labor Department has announced it plans to update FMLA regulations. The proposed regulations make it clear that employees will be able to settle past FMLA violation claims. Now a recent case spells out under what circumstances a release will be contractually and legally binding …

Automate application system to end failure-to-promote claims

04/01/2008

If you want to avoid needless failure-to-promote claims, create an automatic application process, and make sure managers and all employees understand how the new system works. If everyone knows there is one specific way to apply—indeed, the only way to apply—employees can’t make discrimination claims …

Track declining productivity to justify staffing, pay and promotion decisions

04/01/2008
Part-time employees are often the first to get pink slips in an economic downturn. But watch out if your part-timers are disproportionately parents who have child care responsibilities. Don’t be surprised if those employees respond to a layoff by contacting an attorney …