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Pennsylvania

NLRB rules: Unions may try to organize employees in nonwork areas

03/13/2018

In December 2017, the National Labor Relations Board handed down a decision that changed the test for determining whether employers have engaged in unfair labor practices.

Short ADA accommodations delay no problem

03/13/2018

Coming up with an accommodation isn’t always easy. It’s OK to temporarily assign the worker to different tasks or another department while you figure it out.

Personal liability for rehiring harasser

03/13/2018

Here’s an important message for employers that may be considering rehiring someone who was fired after being accused of sexual harassment: There could be severe consequences, including, under Pennsylvania law, potential personal liability for the individual responsible for the rehiring decision.

Beware discipline if outburst reveals disability

03/06/2018

Some disabilities cause behavioral problems at work. A corollary is that some employees may try to excuse rule-breaking as a side effect of their medical conditions. Even if you suspect that’s what is going on, proceed with extreme care.

Amish builder nailed for OT and child labor violations

01/26/2018

Stoltzfus Structures—an Amish-owned light construction company in Chester County—will pay $188,572 in back wages and an equal amount in liquidated damages to 47 employees.

Pennsylvania bill would restrict noncompetes

01/26/2018

A bill before the Pennsylvania General Assembly would make Pennsylvania one of the states most hostile to noncompete agreements. Pennsylvania House Bill 1938 would prohibit all “covenant[s] not to compete,” other than those resulting from the sale of a business or the dissolution of or dissociation from a partnership or limited liability company.

Allegation of ‘lesbianism’ too vague to persuade court

01/26/2018

Vague sexual harassment allegations aren’t enough for lawsuits.

Accommodation requests can affect unemployment benefits

01/26/2018

How you handle disability accommodation requests may determine whether a worker receives unemployment compensation if you terminate her after she’s used up all her leave.

Watch out for the hidden peril of constantly seeking new applicants

01/26/2018

Some employers like to keep résumés and applications on hand just in case they need to fill a position on short notice. But running frequent ads to generate up-to-date résumés can backfire if you end up terminating someone, even for good cause. He might try to argue that your ad proves you were planning to fire him even before the supposed triggering event occurred.

Firing for absences under no-fault policy? Check for FMLA, accommodation requests

01/26/2018

Employees with disabilities who are also eligible for FMLA leave have limited protection from discharge if they miss work because of complications related to their disabilities. However, employers also have a legitimate right to expect workers to show up for work most of the time.