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Pennsylvania

Employment Lawyer Network:
Pennsylvania

Susan K. Lessack (Editor)

Pepper Hamilton LLP
Pennsylvania Employment Law

LessackS@PepperLaw.com
(610) 640-7806

Click for Full Bio

Susan K. Lessack is a partner in the Berwyn and Philadelphia offices of Pepper Hamilton LLP. She concentrates her practice in employment counseling and employment litigation. Ms. Lessack’s experience includes counseling employers on matters related to compliance with federal and state labor and employment laws, counseling regarding employee discipline and terminations, conducting investigations of employee conduct, including harassment, training employers on their obligations under employment laws and litigation avoidance, and developing employment policies. She defends employers in litigation of employment discrimination claims, wrongful discharge claims, and claims under federal and state employment-related statutes, such as the Family and Medical Leave Act and the Pennsylvania Wage Payment and Collection Law.

FMLA doesn’t prevent firing for poor performance

02/01/2017
Some employees think they can short-circuit discipline if they request FMLA leave or a reasonable accommodation. The assumption: Employers will back off for fear of being sued.

Misogyny alone may not support distress lawsuit

02/01/2017
Pennsylvania courts are willing to let workers recover damages resulting from intentional infliction of emotional distress. However, the conduct must be “extreme and outrageous.”

Court: State institutions held immune from suits related to FMLA self-care provisions

02/01/2017
The 3rd Circuit Court of Appeals has ruled that under the Constitution’s 11th Amendment, a state-affiliated educational institution is immune from suit over the FMLA’s self-care provisions.

3rd Circuit on RIFs: ADEA lets subgroups of older workers bring class-actions

02/01/2017
The 3rd Circuit Court of Appeals has approved sub-dividing groups of older workers so some may bring age discrimination claims even if the layoffs overall did not generally discriminate against older workers.

Beat retaliation suit by documenting misdeeds

02/01/2017
Make sure you can show you disciplined an employee because of her behavior, not her complaints.

Ignore sexual harassment? See you in court!

02/01/2017
Employers that don’t immediately address allegations of sexual harassment—and stop it—will have a hard time defending themselves in court.

OK to condition telecommuting on performance

01/31/2017
Employers often limit telecommuting to employees with high scores on their performance evaluations. That’s reasonable and likely will stand up in court.

With new law, Philadelphia jumps on pay equity bandwagon

01/03/2017
The bill that prohibits employers from asking about a prospective employee’s wage and fringe benefits history is expected to become law, effective sometime in mid-2017.

OSHA fines Doylestown, Pa., psych facility for biting hazard

01/03/2017
OSHA has fined Foundations Behavioral Health $36,701 for four violations related to employee safety at its Doylestown location.

DOL sues to appoint fiduciary for orphan 401(k)

01/03/2017
Plan members have been unable to access statements or their money since 2002.