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Pennsylvania

Open-ended leave isn’t reasonable ADA accommodation, also won’t work on age bias

08/02/2017
A request for indefinite leave can sink more than an ADA claim. A federal court has dismissed an age discrimination case because the employee could not say when he would be able to work again.

ADA: No requirement to create brand-new job

08/02/2017
Disabled employees may be entitled to transfer to an existing and open position, but they have no right under the ADA or the Rehabilitation Act to demand a job be created specifically as an accommodation.

Beware body language discouraging FMLA

08/02/2017
Sometimes, a boss can cause big legal trouble without even saying a word. A sigh or negative look can be enough if the worker on the receiving end perceives the behavior as disapproval.

Get out your calculator to ensure bonuses comply with FLSA

07/17/2017
Under the FLSA, purely “discretionary” bonuses do not need to be included when calculating the regular rate. “Nondiscretionary” bonuses, however, must be included.

Farm settles case claiming bias against Americans

07/17/2017
Christner Farms in Dawson, in the southwest corner of Pennsylvania, has paid almost $22,000 to settle charges it filled positions with H-2A visa holders but refused to hire a qualified American citizen.

DOL to survey construction firms in Eastern Pennsylvania

07/17/2017
The U.S. Department of Labor will be surveying construction firms in 25 Eastern Pennsylvania counties over the coming months to collect salary data.

‘Mark of the Beast’ case settled for $600,000

07/17/2017
Consol Energy, headquartered in Pittsburgh, will pay a former employee $586,861 after the 4th Circuit affirmed a lower court’s ruling that he was forced to retire early when it refused to accommodate his religious beliefs.

Tell government employees before reducing their pay

07/17/2017
Public employees have constitutional property rights in employment and are entitled to advance notice before their salaries are cut.

Patience required to ensure lawful ADA reasonable accommodations process

07/17/2017
Employers that patiently go about the sometimes complicated business of identifying reasonable accommodations for disabled employees seldom end up losing in court. The key is to take the ADA seriously and work with the employee at every stage.

Tell managers: Never comment on FMLA leave

07/17/2017
Employees who qualify for FMLA leave can’t be punished for taking it. Any action that could be seen as dissuading workers from exercising their right to take FMLA leave amounts to interfering with a federal right.