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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

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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.

Is it double-dipping to receive both workers’ comp and Social Security benefits?

03/03/2015
Q. Can an injured worker obtain both workers’ compensation benefits and Social Security disability benefits at the same time?

Can missed quotas add up to docked pay?

03/03/2015
Q. Can an employee’s pay be docked for failing to meet a production quota?

What is the most effective way of keeping a former employee from giving away trade secrets?

03/03/2015
Q. As an employer, what can I do to avoid unauthorized disclosure of sensitive company information when an employee departs?

Can repeated, petty complaints to HR be considered some form of harassment?

03/03/2015
Q. A more senior employee was recently passed over for a promotion because a newer employee is clearly more qualified. Now that this person is their boss, the more senior employee has filed several petty complaints against her. Although we are aware that these complaints are completely invalid, we in HR have to take it seriously. But it is a shame for the new supervisor to have the complaints piling up in her file. Is this considered harassment?

Why you need a workplace gambling policy

03/03/2015
Most employers fail to specifically prohibit workplace gambling, and many sanction the behavior as harmless fun. Don’t bet on it.

DOL Wage and Hour Division unearths $4.5M in miner pay

03/03/2015
Mining companies extracting gas from the Marcellus Shale formations in Pennsylvania and West Virginia violated the Fair Labor Standards Act by misclassifying employees and improperly paying overtime, according to the U.S. Department of Labor Wage and Hour Division.

State Supreme Court affirms $151M verdict against Walmart

03/03/2015
The Pennsylvania Supreme Court has affirmed a Philadelphia jury’s huge verdict against retail giant Walmart. In 2006, the jury concluded the company violated state and federal wage laws when it forced employees to work through unpaid breaks and perform other duties while off the clock.

Philadelphia mayor signs paid sick leave bill

03/03/2015
Effective May 13, Philadelphia em­­ployers of 10 or more must provide one hour of paid leave for every 40 hours an employee works. Mayor Michael Nutter had twice vetoed similar legislation, fearing that the mandate would burden city employers still emerging from the recession.

Appeal of firing doesn’t give worker more time to sue

03/03/2015
Employees who use a post-­termination appeal process don’t have a pass to miss EEOC filing deadlines. The clock doesn’t wait to start ticking until the appeal process is finished. They still have to file their agency complaints within 300 days of discharge.

Nooses in the workplace? Immediately launch thorough investigation

03/03/2015

The only appropriate response to a claim of nooses in the workplace is an immediate investigation. That may require involving the police. Show you take the incident seriously even if the source may be a customer or a contractor. It’s the right approach and the one most likely to cut any potential liability after the fact.