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Pennsylvania

Beware firing safety whistleblowers

01/02/2018

The Trump administration’s Department of Labor is aggressively going after employers that fire workers who report alleged workplace safety violations. It’s one reason to seek expert legal advice before disciplining any potential whistleblower—even for behavior or poor work performance that seems unrelated to any safety report.

Employee admits sexual harassment? Be sure documentation reflects that

12/22/2017

When investigating sexual harass­­­ment, make sure you document every interview, including any with the alleged harasser. That way, if you end up discharging the alleged harasser, you minimize the chances that he might win a defamation lawsuit against your organization.

A matter of balance: Medical marijuana, the ADA and drug testing

12/04/2017

In Pennsylvania, case law says employers should balance an employee’s privacy interests against the need for random drug testing.

Jersey contractor cited for Philly scaffold hazards

12/04/2017

Federal OSHA investigators have issued citations totaling $191,215 in proposed penalties to DH Construction for violations discovered at a Philadelphia job site.

Carlisle settles age bias suit

12/04/2017

Carlisle Borough Council has authorized a $650,000 settlement with the Pennsylvania town’s former public works director to resolve charges that his May 2014 firing was discriminatory.

Cover all bases when settling workers’ comp claim

12/04/2017

Sometimes, employers and employees decide to settle a workers’ compensation claim. But don’t assume that will put an end to the matter—unless you have expert legal help drafting a complete release of any and all claims.

Be prepared to explain why pay differs for similar jobs

12/04/2017

Keeping close track of why one individual earns less than another goes a long way toward defending against Equal Pay Act claims.

Wage-and-hour dispute? Seek settlement before employee has a chance to file suit

12/04/2017

If a case involving unpaid overtime or some other FLSA claims isn’t settled before the worker files a federal lawsuit, the law requires a federal judge to review any proposed settlement for fairness and consistency with the FLSA’s intent to protect workers from employer violations.

Consider every religious accommodation request, even out-of-the-ordinary ones

12/04/2017

Just because an employee’s religious beliefs fall outside the mainstream doesn’t mean they aren’t protected. In fact, many beliefs qualify as religious even if they may seem outlandish to someone practicing a mainstream religion.

Routinely log phone calls coming into HR

12/04/2017

HR professionals should document all phone calls received from applicants or employees and include a brief summary of the outcome. That way, should someone later claim no one answered or returned a phone call, you have a way to counter the allegation.