• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

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.

Court moves FedEx ADA case to Pittsburgh

04/29/2015
Over EEOC objections, a trial to determine whether FedEx discriminated against deaf employees has been moved from Baltimore to a Pittsburgh courtroom. FedEx sought the change of venue, noting that its headquarters and those responsible for developing company policies on training and accommodation are based in Pittsburgh.

Pennsylvania hospital becomes a ‘no nicotine’ employer

04/29/2015
On April 1, Holy Spirit Hospital in Camp Hill began refusing to hire anyone who tests positive for nicotine use.

Contesting unemployment? Be sure you have been fair

04/29/2015
Employees discharged for willful misconduct aren’t eligible for unemployment benefits. Generally, refusing an assignment is willful misconduct. But what it you only fire one and not others who refuse the same assignment?

Use last-chance agreement so you and your employee can push reset button at work

04/29/2015
In cases where you may be concerned about a lawsuit over firing an employee, consider instead a last-change agreement. Think of it as hitting the reset button. Both the employer and the employee have one last chance to save the relationship.

Prepare for legal trouble when bosses play detective with employees on FMLA leave

04/29/2015
Train all supervisors about the FMLA. Instruct them to refer any perceived problems to HR. Direct supervisors should not, for example, conduct their own “investigations” into whether an employee is abusing intermittent FMLA leave by conducting surveillance or taking other intrusive steps. Doing so may net a lawsuit alleging interference with FMLA rights.

NLRB rules against Pennsylvania-American Water

04/29/2015
The National Labor Relations Board has ruled that Pennsylvania-American Water Co. violated the National Labor Relations Act when it disciplined two Pittsburgh-area workers for refusing to cross a picket line. The board also censured the company for removing a union letter from a bulletin board.

Ensure complaint doesn’t taint firing decision

04/29/2015

Employees who file discrimination complaints are protected from retaliation. When a complaint is closely followed by termination, it becomes easier for the fired employee to show the two were linked and that one caused the other. Smart employers cut this causal connection by making sure that whoever makes the termination decision wasn’t involved in the employee’s original complaint.

OK to pay more for different skills, duties

04/29/2015
Under the Equal Pay Act, men and women performing substantially similar jobs must be paid the same. But what exactly constitutes “substantially similar” jobs?

Discipline for attendance during FMLA leave?

04/01/2015
Q. Before we could counsel an employee about ongoing attendance problems, she was approved for intermittent FMLA to care for her mother. However, she continues to have attendance problems unrelated to her FMLA leave. Can we proceed with counseling and possible disciplinary actions while she is under FMLA?

What’s the law on paying for travel time?

04/01/2015
Q. How should we go about determining how much we need to pay employees for travel time?