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Pennsylvania

Wage suit against Friendly’s claims it’s a joint employer

08/09/2016
A ruling by a federal judge in the Middle District of Pennsylvania will allow a class-action lawsuit to proceed against Friendly’s Ice Cream stores and its franchisees. According to the complaint, the restaurant chain requires servers to perform work off-the-clock during unpaid meal breaks and after clocking out following their shifts.

Beware giving contradictory reasons for discharge

08/09/2016
Want to terminate an employee? Make sure that if you state a reason, you do so consistently.

It serves no purpose: Keep references to employees’ ages out of official documents

08/09/2016

There is rarely a reason to note an employee’s age on official company documents. There’s no reason to list birthdates, for example, on seniority lists when seniority is based on years of service. Doing makes an age discrimination lawsuit more likely.

Court upholds EEOC rule on retention of employment-related testing records

08/09/2016
A federal court has ruled that the EEOC can require employers to retain employment records for its inspection and specifically demand that those records include a wide range of information about employment-related testing, test results and the impact of the results on protected classes.

It’s OK to address earlier performance problems after employee returns from FMLA leave

08/09/2016
Employees who take FMLA leave sometimes think their supervisors aren’t allowed to criticize any performance deficiencies that occurred before the leave began. That’s just not true.

Warn supervisors: No age-based comments

08/09/2016
It’s usually hard for employees to win age discrimination lawsuits—unless a manager or supervisor insists on making ageist comments. These can create an age-based hostile work environment.

Always check a manager’s history of discipline

08/09/2016
When it comes to retaliation, pay attention to how managers have disciplined in the past. Before approving a recommendation for discharge, you should check that history.

Discussing politics at work: Cast a vote for civility

08/05/2016
A recent survey by the Society for Human Resource Management reported a sharp uptick in political volatility in their workplaces this year.

Warn supervisors: No emotional outbursts

08/05/2016
Supervisors whose personal animosity against a subordinate spills over in the workplace can be held personally liable for the resulting emotional distress in Pennsylvania.

Remind bosses: Genuine constructive criticism doesn’t create a hostile work environment

08/05/2016
Some employees are difficult to manage. Maybe they have talent, but they’re not amendable to constructive criticism. Tell managers and supervisors that shouldn’t make them shy away from offering suggestions on how employee performance might improve.