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Pennsylvania

Jury finds discrimination, but awards no damages

03/17/2022

It always pays to document poor performance in detail and contemporaneously. If you ultimately need to terminate the employee, you will have the backup you need to justify your decision, even if the employee claims that you somehow discriminated against him.

Beware discipline for work not done during FMLA leave

02/10/2022

When employees take FMLA leave, sometimes their employers just let the work pile up, to be completed when the employee returns. That can be dangerous if the employee can’t catch up and is punished.

Never manipulate pay or hours to avoid OT

02/10/2022

Tempted to play loose with the overtime rules to save money on labor? Bad idea. You will attract the Department of Labor’s attention.

Retaliation by top executive or HR? Prepare to pay up

12/02/2021

Congratulations! A court just said you were not liable for discrimination! Now about that retaliation claim ….

Document ADA requests to prove good faith

11/04/2021

The ADA requires a disabled employee and her employer to have an interactive conversation to determine whether it’s possible to accommodate the disability and, if so, how. If the employee doesn’t participate in the interactive process, she won’t be able to sue successfully over a denied accommodation. That’s why it’s essential to document every interaction once you suspect an employee might be disabled.

Take local predictable scheduling laws seriously

09/16/2021

These days, it’s harder than ever to schedule hourly workers. But before the pandemic hit, scores of cities and towns adopted predictable scheduling laws aimed at letting hourly workers plan their lives around regular schedules. Ignoring those rules may mean big payouts for affected workers.

Small employer? FLSA probably still applies

09/09/2021

Most private-sector employers must comply with the Fair Labor Standards Act’s wage-and-hour rules, regardless of size. The law applies to employers that do a reasonable amount of business while engaged in interstate commerce.

Ask attorney: Does state law supersede FLSA?

08/19/2021

The Supreme Court’s 2014 decision in Integrity Staffing Solutions v. Busk, that time employees spend in a security-check line after work doesn’t count as time worked under the federal Fair Labor Standards Act, did not create a foolproof safe harbor for employers. The Pennsylvania Supreme Court just ruled that state wage-and-hour law did require Integrity Staffing to pay for screening time.

Cost of diverting prevailing wages: $20 million

08/19/2021

A Pennsylvania construction contractor pleaded guilty earlier this month in what is thought to be the largest criminal prevailing-wage theft case in U.S. history. The cost for short-changing employees who worked on state paving contracts: $20 million.

PIP: Offer chance to improve before firing

08/05/2021

Smart employers make it a standard practice to establish performance improvement plans before terminating employees who can’t do their jobs properly. PIPs can help turn around an underperforming worker. They also demonstrate your good faith to courts, assuring them that a subsequent firing was because of a performance problem, not discrimination.