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Pennsylvania

Returning company property

06/01/2007

Q. Our employee handbook states: “If you do not return a piece of property, we will withhold from your final paycheck the cost of replacing that piece of property.” One of our employees recently quit on the spot. The employee was given a termination letter that cited the employee handbook section on unreturned property. He admitted he could not find his handbook—even accused management of having it. My boss wants to almost double the actual replacement cost of the item and call it “staff time spent getting the item.” Can we do this?

Same job, new management: Are employees covered by the FMLA?

06/01/2007

Q. What is the policy on FMLA for workers who are employed by a county facility that puts their contracts out for bids? Let’s say the workers are employed by the first successful bidder for, say, three years and then the contract is re-bid. Another company wins the bid, takes over the job and keeps the same employees. Do their hours worked carry over even though it is a different employer? I could not find a reference to this problem in the FMLA guidelines.

Pay for training time

06/01/2007

Q. If our organization offers voluntary training to our employees and the training takes place during their lunch hour, do we have to pay the employees for the time spent attending the training? 

Background checks

06/01/2007

Q. When may an employer conduct background checks on employees and potential employees?

The danger of hiring ‘Best of the worst’ from résumé pile

05/15/2007

When hiring, you probably use the job description to establish the minimum requirements for the position. But what if no one in the applicant pool meets those minimum requirements? …

Loose-Lips Alert: Train managers and supervisors that press comments carry weight

05/01/2007

If you don’t have a public relations department to handle press inquiries, make sure you train managers and supervisors on how not to talk to the press …

Prepare to justify policy barring former criminals

05/01/2007

Does your organization have a blanket policy of refusing to hire applicants with criminal records? If so, make sure you can explain exactly why. Because minority applicants may be statistically more likely to have criminal records, requiring a clean criminal-record history may have a disparate impact on a protected class and violate Title VII

Nursing mom protected from discrimination? Maybe

05/01/2007

Some new mothers returning to work after giving birth request time off during the workday to express and store breast milk. Some states have passed specific laws protecting nursing women from harassment and discrimination

You can force ‘Fitness for duty’ exam with good reason

05/01/2007

It certainly shouldn’t be a routine practice, but you can require employees to undergo “fitness for duty” examinations. The trick is knowing exactly when and why such an exam is legal—or not …

Warn managers not to advise employees on litigation

05/01/2007

Too many managers and supervisors offer unsolicited advice to employees who’ve filed discrimination complaints. The suggestions usually include being more of a “team player” and “not rocking the boat.” Tell managers such “helpful” career tips can backfire badly