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Pennsylvania

Can we dock pay for punching in late? Does the employee have a grace period?

03/01/2008
Q. Is there a rule for docking someone’s pay if he punches in late, and if so, how many minutes grace time does he get before you dock him 15 minutes?

What questions are off limits when talking to references and past employers?

03/01/2008
 Q. I understand that it’s illegal to ask applicants certain personal questions. But are there any questions I can’t ask a reference or previous employer? …

How many employees make a ‘Group’ for OWBPA purposes?

03/01/2008
Q. I recently read that the Older Workers Benefit Protection Act (OWBPA) requires that we provide an employee who has been discharged as part of a “group” termination at least 45 days to consider the terms of a release waiving his or her rights under the Age Discrimination in Employment Act. How many employees constitute a group? …

Getting reimbursed for terminated employees’ personal calls

03/01/2008
Q. A recently discharged employee exceeded his monthly allotment of minutes for personal calls on his company-issued cell phone. Can we recoup the cost of these extra minutes by withholding the amount from his paycheck? …

What to do? Doctor’s appointments seems awfully conveniently scheduled

03/01/2008
Q. We don’t usually require employees to provide notes when they take time off for doctors’ appointments. However, one of our employees is known for scheduling her “appointments” on the Friday before holiday weekends. Can we request verification from the doctor’s office on a case-by-case basis?

Labor pains: The perils of the Employee Free Choice Act

03/01/2008
As the 2008 election cycle intensifies, organized labor is devoting substantial resources to support candidates who will advance its ambitious legislative agenda in 2009. That agenda includes passage of the Employee Free Choice Act (EFCA). Employers must understand what EFCA passage would mean and what they can do now to ensure that union organizers do not target their employees …

What can we do? We overpaid part-timer, who knew it and didn’t come forward

02/22/2008
Q. Because of a human error in our payroll department, one of our part-time employees has been receiving a full-time salary for the past six months. Although we recently realized our mistake, the employee never came forward to let us know about the error. Aside from recouping the funds, what actions, if any, can we take against this employee for not being forthcoming?

You don’t have to ‘Accommodate’ offensive proselytizing

02/01/2008

Employers often have to balance the rights of divergent protected groups in ways that seem impossible. Consider what happens when a local ordinance says you cannot discriminate against an employee based on sexual orientation, while state and federal law says you cannot discriminate against someone for a sincerely held religious belief …

When discouraged applicants sue, don’t ‘Blacklist’ them

02/01/2008

Here’s a trap you should be aware of: An applicant who sues when he isn’t hired often keeps on applying—and then turns around and claims that you “blacklisted” him in retaliation for the lawsuit. Here’s how you should respond …

Secret to winning lawsuits: Track all progress, discipline

02/01/2008

The time to prepare for a discharge lawsuit is long before it’s filed. Know that someday, someone will sue you. Prepare accordingly. You won’t know who will sue, or what protected class they will belong to, so you should cover all your bases. That means tracking the progress of every employee and every disciplinary action you take, no matter who the employee is …