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Pennsylvania

York County may create HR agency to handle discrimination claims

10/01/2006

Employers in York County may soon have to deal with a new anti-discrimination agency that would investigate complaints and run programs to eliminate discrimination …

Brush up on ADA compliance; state EEOC offers free training

10/01/2006

Think your managers and supervisors could use a refresher course on complying with the Americans with Disabilities Act? Contact EEOC Pennsylvania, which offers free seminars at its regional offices …

Gear up for minimum wage hike: Notify workers, check budget

10/01/2006

Make sure you’re ready for the state’s minimum wage increase, which takes effect Jan. 1, 2007, and will affect about 430,000 Pennsylvania workers …

Design your bonus program with the FMLA in mind

10/01/2006

Pennsylvania employers can look to a recent 3rd Circuit Court decision to keep their bonus plans in compliance with the FMLA. The case is the first of its kind in the country and provides employers with guidance beyond that found in the FMLA’s regulations. The decision is now law in Pennsylvania, Delaware, New Jersey and the Virgin Islands …

Executive exemption requires true hiring/firing authority

10/01/2006

Before you classify supervisors as exempt executive employees, make sure you’ve given them enough authority to make that classification stick. That means delegating true hiring/firing power with the clear understanding that your organization will typically follow the supervisors’ recommendations …

Prepare unified defense; ruling may spark more state suits

09/01/2006

Because of a quirk in Pennsylvania law, employers may soon see an uptick in state-based employment lawsuits. Reason: A federal court clarified that all state employment claims must be filed within the appropriate state statute of limitations (one year, for example, on defamation cases). Employees can’t wait to file a state claim until the EEOC or the Pennsylvania Human Relations Commission completes its investigation, the court said …

Remind managers: FMLA carries personal liability risk

09/01/2006

If your organization’s supervisors tend to ignore all that "HR talk" about FMLA leave, here’s one way to get their attention: Point out that, in addition to suing your organization, employees can sue their bosses (and HR directors!) personally for FMLA-related mistakes …

Clerical tasks don’t defeat administrative exemption

09/01/2006

Here’s one more reason to double-check your job descriptions: Some exempt employees may try to claim they’re entitled to overtime pay simply because they spend a fair amount of time on filing and typing …

Firing ‘Worst of the best’ isn’t age discrimination

09/01/2006

If economic conditions force you to downsize, be prepared for lawsuits. That’s especially true if no employees stand out as obvious poor performers who should be canned. In such cases, articulate that you have no choice but to fire "the worst of the best" …

Cut Out the Age Jokes; Employees Aren’t ‘Antiques’

09/01/2006

Workplace humor is fine until it drifts into the realm of gags about employees’ gender, race or religion. Even age-based jokes can trigger lawsuits. Although few employees will win age-discrimination lawsuits based on a joke or two, such juvenile behavior can take an otherwise marginal case and give it legal legs …