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Pennsylvania

Employment Lawyer Network:
Pennsylvania

Susan K. Lessack (Editor)

Pepper Hamilton LLP
Pennsylvania Employment Law

LessackS@PepperLaw.com
(610) 640-7806

Click for Full Bio

Susan K. Lessack is a partner in the Berwyn and Philadelphia offices of Pepper Hamilton LLP. She concentrates her practice in employment counseling and employment litigation. Ms. Lessack’s experience includes counseling employers on matters related to compliance with federal and state labor and employment laws, counseling regarding employee discipline and terminations, conducting investigations of employee conduct, including harassment, training employers on their obligations under employment laws and litigation avoidance, and developing employment policies. She defends employers in litigation of employment discrimination claims, wrongful discharge claims, and claims under federal and state employment-related statutes, such as the Family and Medical Leave Act and the Pennsylvania Wage Payment and Collection Law.

No unemployment for employee who quit fearing discharge

09/01/2015
A woman who claimed she feared she would be fired if she took leave to take family members to medical appointments has lost her fight to receive unemployment benefits.

Employee quitting for medical reasons? Consider offering accommodation

09/01/2015

Employees who quit their jobs for “necessitous and compelling” reasons may still be eligible for unemployment compensation benefits. Quitting because of medical problems sometimes qualifies. That’s why employers should consider offering accommodations if an employee says he needs to quit for medical reasons. An accommodation offer may mean there’s no “necessitous and compelling” reason to quit.

Different starting salaries for same job? Be prepared to explain why

09/01/2015
Do you sometimes offer new employees different salaries for the same positions? If so, be sure you document why one applicant is worth more than another.

Consider disabled employee’s request for accommodation–even if you think it’s futile

09/01/2015
Supervisors who ignore an employee’s initial oral request for a reasonable accommodation risk exposing their employer to liability if the employee quits and sues. Never dismiss such a request out of hand.

Pittsburgh makes list of top 25 cities for jobs

09/01/2015
Pittsburgh snuck in just under the wire, snagging the 24th spot on Glassdoor.com’s list of the top 25 metropolitan areas in the country for jobs. The employment website based its annual rankings on hiring opportunity, affordability and job satisfaction.

Commitment to diversity doesn’t prove bias

09/01/2015
Employers that make public commitments to creating a more diverse workplace don’t risk losing a lawsuit solely based on that stated objective. An employee alleging discrimination because he isn’t part of the targeted demographic for diversity still has to show that he was fired or not promoted for a discriminatory reason. He can’t simply argue that the diversity commitment proves his case.

Suspended ‘pending investigation:’ What information do we owe the employee?

08/11/2015
Q. If an employer suspends an employee “pending investigation,” what information must be provided to the employee?

Supreme Court clarifies how to accommodate pregnant employees

07/24/2015
Over the last several years, legislatures around the United States have worked to increase protections for pregnant workers, and the EEOC has identified the treatment of pregnant women in the workplace as one of its top priorities.

Red Robin tip pool case to move forward in court

07/24/2015
Two former servers at Red Robin Res­­­­taurants in Wilkes-Barre and Dick­­son City, Pennsylvania, can proceed with their Fair Labor Standards Act class action against franchisee, Lehigh Valley Res­­tau­­rant Group, Inc. The suit alleges Lehigh’s tip pooling scheme violates the FLSA because it includes workers who only have a de minimus interaction with customers.

$1.25M lesson: Blue collar work is always eligible for OT

07/24/2015
A Texas-based oil and gas drilling company, ROC Services Inc., has settled an overtime lawsuit filed by two workers in Pennsylvania. Two employees testing wells filed suit, alleging the employer’s pay scheme ran afoul of the Fair Labor Standards Act.