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Pennsylvania

No magic words needed to ask for ADA accommodations

09/30/2015
Disabled employees who want reasonable accommodations don’t have to specifically use those words.

Negative comments about FMLA use? Call your lawyer because you will be sued

09/30/2015
Now is a good time to remind supervisors that making negative comments about FMLA usage can end in litigation. That’s because telling employees that taking time off makes it hard for co-workers who have to pick up the slack can chill further use of FMLA leave, discouraging employees from using time off they are legally entitled to.

Sure it seems obvious, but …. don’t declare sexual harassment part of the job

09/30/2015
Here’s a recent case that should make it clear to employers that it’s their responsibility to make sure employees aren’t sexually harassed. Simply put, you can’t tell someone going into an all-male environment that sexual harassment just happens and is the price for breaking down gender barriers.

Track who hired and promoted disabled worker

09/30/2015

It’s hard to convince a judge or jury that the same person who hired someone knowing his protected status would later turn around and fire that employee because of that very protected status. That’s one reason you should keep careful track of which manager recommended hiring someone who is obviously a member of a protected class—such as an employee who is disabled because of a missing limb.

At-will status won’t stop bias lawsuit

09/30/2015

It doesn’t take much for an employee who has been terminated to take a discrimination claim to court. For example, all a woman has to allege is that she is a member of a protected class (female), was qualified for her job, was discharged and was replaced by someone who is not a member of her protected class—that is, that a man replaced her. It’s then up to the employer to prove it had a legitimate, unrelated reason for the termination. It can’t rely strictly on her status as at-will.

Boss beat-down: What’s our liability?

09/01/2015
Q. We recently had an incident in which a supervisor hit one of our employees. Are we liable? And what types of workplace violence is a company responsible for preventing?

Are posters required at every worksite?

09/01/2015
Q. Must a company post mandatory notices at every worksite? What are the penalties for failing to put up the mandatory posters?

Must we pay for employees’ auto repairs?

09/01/2015
Q. Are employers responsible for fixing an employee’s car if it is involved in an accident while traveling to conduct company business on company time?

How often can employees see their files?

09/01/2015
Q. Does Pennsylvania law limit on how frequently employees may review their personnel files?

Prepare for Department of Labor’s proposed new overtime rule

09/01/2015
On July 6, the U.S. Department of Labor published a long-anticipated proposed rule that would make overtime pay available to nearly 5 million workers who are currently exempt from the Fair Labor Standards Act’s overtime requirement. The proposed rule would raise the minimum salary level for overtime exemption and raise the salary threshold for certain highly compensated employees.