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Pennsylvania

Discipline for absences even if employee has disability

08/01/2007

Employees who take intermittent leave cause the greatest disruption in the workplace, according to comments received by the U.S. Labor Department on proposed revisions to the FMLA. That includes employees with disabilities who seem to need an inordinate—and unpredictable—number of absences. If you suspect abuse, don’t jump the gun …

Even after election, you still need solid reason to discharge nonsupporters

08/01/2007

It’s a practice as old as politics: When there’s a newly elected sheriff in town, deputies left over from the old administration may lose their jobs. But if you’re the HR professional handling the changes, make sure you know which employees can be dismissed and which cannot be merely because of their political affiliation. As the following case shows, public employees in nonpolicy positions are protected from post-election bloodbaths …

Relocating the office? Employees can sometimes quit and get unemployment

08/01/2007

Pennsylvania employees who quit their jobs when their employers move can sometimes collect unemployment compensation. The Unemployment Compensation Board of Review looks at individual situations and determines whether the move forced the employees to quit for “necessitous and compelling” reasons. Examples include a longer, more expensive commute or disruption of child care routines …

Accepting early retirement doesn’t mean automatic unemployment

08/01/2007

To streamline the work force, some employers encourage early retirement and may even include an inducement in the form of enhanced benefits. But unless the employer informs the employee her job is endangered unless she signs up, the employee is probably not eligible for unemployment compensation …

Document elements of exempt position to knock down FLSA claims

08/01/2007

Winning Fair Labor Standards Act cases involving employees who claim they shouldn’t have been classified as exempt usually means being able to document exactly what employees do on the job and the conditions under which they work …

Philly police officer may not wear Muslim head scarf

08/01/2007

A federal judge has ruled that a Philadelphia police officer does not have the right to wear a hijab, or head scarf, when she is in uniform. Kimberlie Webb, an officer since 1995, was suspended after showing up three times at roll call wearing her hijab, despite being told not to. The EEOC filed suit against the Philadelphia police department …

Restaurant owner learns price of harassment: $40,750

08/01/2007

Three female employees of the Crazy Horse Steak House in New Oxford will share $40,750 for harassment allegedly committed by owner Nicholas Mavros. The women claimed Mavros commented on their breasts, asked what color underwear they were wearing, invited them to come to a motel to have sex, touched them against their wishes and even put his hands down an employee’s pants …

The whole truth: Discrimination costs Philips Lighting $164,850

08/01/2007

A female temporary worker on a long-term assignment for NJ-based Philips Lighting Co. won a $164,850 verdict for gender discrimination against the company. The woman, who worked in the warehouse of the company’s Mountaintop, PA, plant, claimed the company offered full-time positions only to male temps. She asked about full-time employment several times and was told she was next in line. Instead, she was fired …

High-Rolling exec wagers $6.4 million, wins jail time

08/01/2007

After losing $50,000 in Las Vegas, Nestlé sales executive Henry Machinski, fearful of telling his wife, launched a scheme with gambling buddy Vincent Marchese, an Allentown grocer. They created a fictitious company, AP Foods. Machinski wrote checks to AP Foods for Nestlé promotional payments, which the pair then cashed and split …

Sen. Boscola plagued by blogging chief of staff

08/01/2007

How far can employees go when firing off comments on the web on their own time? What if the employee is a public servant? For Bernie Kieklak, chief of staff for state Sen. Lisa Boscola, the answer is pretty far …