• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly
Connection failed: SQLSTATE[HY000] [2002] No such file or directory

Pennsylvania

South Philly cheesesteak icon hit with discrimination charge

08/01/2006

Geno’s, one of the two self-proclaimed creators of the Philly Cheesesteak, has been charged with discrimination by the Philadelphia Commission on Human Rights. The charge stems from a sign in the restaurant stating "This is America … When Ordering Speak English" …

3rd Circuit Vacates Ruling on ‘Ministerial Exception’

08/01/2006

The 3rd Circuit has vacated its decision on the so-called "ministerial exception" and referred the case for rehearing …

Prepare to comply with new state minimum wage law

08/01/2006

Gov. Rendell signed legislation last month that increases Pennsylvania’s minimum wage by $2 per hour phased in over the next two years, but smaller businesses will have more time before having to pay the higher rates …

EAP hotline calls may trigger ADA, FMLA awareness

08/01/2006

Many employers offer employee assistance programs (EAPs) to help employees with personal problems. But be aware that if you communicate directly with counselors who take employees’ calls, you may trigger legal liabilities under both the ADA and the FMLA. That’s especially true if an EAP counselor suggests that the employee needs time off or some other accommodation …

At job review, take notes on employee’s comments

07/01/2006

DuPont engineer Godwin Igwe filed a discrimination lawsuit, claiming the company denied him bonuses and promotions because of his national origin. But DuPont successfully defended the suit because its records showed that Igwe said he understood and accepted his demotion because of funding cuts in his department …

‘Ministerial exception’ isn’t free pass for religious groups to discriminate

07/01/2006

If your organization is a religious institution, you may not have adopted anti-discrimination policies or practices because you think you can rely on the “ministerial exception.” But, as a new case shows, that may not always be the case …

‘Last straw’ needn’t be egregious to justify firing

06/01/2006

Employers often bend over backward to give employees second chances. But when second chances turn into third and fourth chances, you’ll  probably lose your patience and send the employee packing. Some employers, however, wrongly believe that they must cite a particularly serious behavior or performance problem as the last straw before termination. As a new ruling shows, that’s simply not true …

Must We Give Time Off for ‘Witness Duty’?

06/01/2006

Q. We have an employee who has been subpoenaed to appear as a witness in a criminal case. She obviously has no choice but to go. Are we required to pay her while she is off, or can we have her take vacation time or an unpaid leave of absence? —C.S., Pennsylvania

Clarify the essential functions before rejecting accommodation bid

05/01/2006

You can reject a disabled employee’s accommodation request (or refuse to hire a person) if the individual isn’t able to perform the "essential functions" of the job, even with an accommodation. But many ADA failure-to-accommodate lawsuits hinge on which tasks are considered essential …

Loss of supporting documents needn’t sink your defense

05/01/2006

What’s a smart HR professional to do when his or her employer is sued and the records you thought would back up management are gone? You can still save the day by locating different electronic or paper correspondence that supports your decisions …