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Pennsylvania

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.

It’s up to worker to ask about status of promotion

07/12/2017
In a win for employers, the 3rd Circuit Court of Appeals has ruled that an employee cannot wait years before suing about a promotion that never materialized.

Progressive discipline is great, but retain the right to fire immediately if necessary

06/26/2017
If you have a progressive discipline system, give yourself some wiggle room. Make sure you retain the right to immediately terminate an employee when necessary.

Protected activity occurred long ago? Discipline now won’t cost a retaliation suit

06/26/2017
If an employee complains about discrimination or takes protected leave, beware taking any action that smacks of retaliation. Otherwise, you are risking a lawsuit.