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Pennsylvania

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.

Track, date all steps in disciplinary process

06/08/2021

When employees figure out they are about to get in trouble at work, expect a flurry of complaints and requests for job-protected leave. These desperate measures are based on the belief that employers can’t fire anyone who has a pending discrimination or harassment case, or who is out on some form of medical leave. However, that doesn’t mean you can’t impose discipline for actions unrelated to an employee’s protected status.

Beware ‘no-poach’ pacts with competitors

05/20/2021

Recruiting new employees is difficult these days, making it more important than ever to retain the staff you already have. Just make sure your retention efforts don’t cross the line into collusion with other employers.

Title VII covers nontraditional beliefs, too

04/22/2021

Title VII of the Civil Rights Act protects employees from discrimination based on their religious beliefs. That sounds simple enough. Almost all managers know they can’t fire someone because they’re Christian, Jewish, Muslim or any other mainstream religion. But Title VII also protects less well-known belief systems.

Document reason for every act of discipline

03/25/2021

Always record the facts of every incident that warrants discipline, including the exact reason you chose to punish the employee the way you did. It’s the best way to head off an employee lawsuit alleging she was disciplined harshly because of some protected characteristic.

Double wages due for ignoring FLSA pay rules

03/18/2021

When the Department of Labor catches employers underpaying employees in violation of the Fair Labor Standards Act, the penalty is to pay the amount owed—and then double it. If the underpaid employee hired an attorney to plead her case, then the employer may end up paying those legal fees, too.