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Pennsylvania

No EPA claim if the jobs weren’t actually equal

03/03/2017
To win an Equal Pay Act claim, an employee must show that a similarly situated employee of the opposite sex was paid more. It’s not enough to merely claim that one sex generally earned more.

The one time it’s good for your handbook to be a contract

03/03/2017
An employer has won the right to pursue a contract counterclaim against a former employee based on a provision in the employee handbook.

Beware individual liability for wrongful terminations under Pennsylvania state law

03/03/2017
Under the Pennsylvania Human Rights Act, employees who are actively involved in termination decisions may be deemed personally liable for aiding and abetting violations of the law.

Termination? Consider offering severance in exchange for waiving right to sue

03/03/2017
Just letting an employee sign a resignation letter instead of being terminated won’t always prevent her from suing you.

Document every aspect of ADA interactive accommodations process

03/03/2017
If the employee never requested modifications to an accommodation, he won’t be able to claim later that the employer didn’t engage in the interactive process. The fault would lie with the employee.

Last chance agreements make firing safer

03/03/2017
A last chance agreement can help solidify a termination because it puts the employee subject to the agreement on different footing than other employees.

Paid leave can be adverse employment action

03/03/2017
It seems counter-intuitive, but putting someone on paid administrative leave can be an adverse employment action and the basis for a lawsuit.

EBSA asks if turbine firm’s 401(k) is gone with the wind

02/01/2017
The U.S. Department of Labor’s Employee Benefit Security Agency has filed suit against the now defunct Wind Turbine Solutions.

Comcast promises lawsuit over Philly’s new wage bias law

02/01/2017
Patterned after a first of its kind Massachusetts law, the ordinance bars employers from asking an employee’s salary history.

Flu shot: Erie hospital pays to settle religious bias suit

02/01/2017
St. Vincent’s Health Center in Erie has agreed to settle charges it failed to provide a religious accommodation for six employees who refused to take influenza vaccines for religious reasons.