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Pennsylvania

$25.6 million! Cost of scapegoating white manager for racial profiling

06/30/2023

Back in 2018, a Starbucks manager approached two Black men waiting for a colleague and said they had to buy something or leave. An argument ensued and police were called. The two men were led away in handcuffs but released a few hours later without charges. What followed was a public relations nightmare for Starbucks, which was accused of racial profiling.

DOL wins largest FLSA verdict ever! $22 million for unpaid showers

06/12/2023

The Department of Labor has just won the largest Fair Labor Standards Act verdict in its history. A jury awarded a group of workers $22 million for the time they spend showering after their work shifts.

Be sure you can explain business-related rationale for firing decision

03/20/2023

Courts don’t like it when employers appear to make knee-jerk decisions. Before firing someone, step back and really think through your justification. Make sure the rationale for the termination is truly business-related. Then document your reasoning in case a court later asks why you did what you did.

Get facts straight when ranking candidates

01/10/2023

Careful documentation can be a two-edged sword. Notes may reveal efforts to make one candidate look weaker than she really is if it becomes clear that the assessors got the facts supporting their conclusions wrong. That’s what happened in a recent case.

Reminder: Avoid ageist preference talk

10/13/2022

Rejected or terminated older employees who sue under the ADEA often try to prove age discrimination by offering as evidence management comments with an ageist bent. For example, a CEO who speaks publicly about a preference for youthful applicants or refers to employees as “old timers” or “dinosaurs” may provide the proof a fired older worker needs to win their case.

Bar offensive speech from social media

10/13/2022

We live in the era of social media, where a shared opinion can quickly spread from a handful of contacts to millions. A post some view as offensive can have immediate consequences, turning into a public relations nightmare for the poster’s employer.

Diner ordered to dish up $1.35 million

09/20/2022

The Empire Diner in Lansdowne, Pa., learned the hard way it’s not nice to steal your servers’ tips.

Court tosses anti-vax claim of religious exemption

09/15/2022

Handling requests to reasonably accommodate employees’ religious beliefs or practices can be tricky because the law defines religion rather loosely. Workers with beliefs clearly far outside mainstream religions are still protected from employment discrimination.

Leave medical history out of hiring and firing decisions

09/01/2022

Remind supervisors never to consider an applicant’s or employee’s medical history when making hiring, firing or other employment decisions. That’s true even if a worker’s medical condition may cause health insurance premiums to rise or result in frequent absences.

Ensure bosses don’t block accommodations

08/11/2022

It’s important to train supervisors that they must honor approved disability accommodations and immediately refer all requests to modify accommodations to HR.