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Pennsylvania

When unpaid ‘gap time’ doesn’t violate FLSA

09/26/2014
With collective-action wage-and-hour claims on the rise, employers worry that they may be burned by unpaid work they didn’t even know employees were performing. But a recent appeals court decision provides a rare piece of good news: As long as employees haven’t worked more than 40 hours in any given workweek, so-called “gap time” between hours paid and hours worked doesn’t always mean liability.

Feds: Harrisburg leasing firms dodged payroll taxes

09/05/2014
A federal grand jury has indicted three Harrisburg area men on tax evasion charges stemming from their operation of several worker leasing businesses. The U.S. Attorney alleges that the three men paid workers more than $7 million in wages from 2006 to 2012 but never withheld or paid federal income taxes.

Does independent contractor status affect unemployment benefits for temps?

09/02/2014
Q. We’re aware of the unemployment comp responsibilities that come with being the last employer on record, so we require that all seasonal temps sign a policy that clearly states when their employment with us will end. If temps are hired with 1099 status, will our company still be responsible as the last employer on record and held liable for unemployment benefits? If we use a temp agency, are we liable?

How should we handle wage overpayment?

09/02/2014
Q. We recently overpaid an employee by $3,500 but the discrepancy was not discovered until six months later. Can we automatically and legitimately withhold those wages from his paycheck? Also, would it be inappropriate to dock additional wages for the employee not making us aware of the mistake?

If a new employee leaves in short order, is there a way to recoup training costs?

09/02/2014
Q. Can we require employees to repay the company (through payroll deduction) for training costs if they quit or are fired within one year?

Know the legal risks of social media background checks

09/02/2014
What are the dangers when verifying applicants’ credentials, checking out their professional networks or just feeling out their personalities?

OT scheme legal under federal law, not under Pennsylvania’s

09/02/2014
A federal judge has ruled that Radio Shack owes overtime to its salaried employees even though the overtime calculation method the company uses is legal under federal law. Radio Shack uses the fluctuating workweek method to figure overtime when worker hours vary week to week.

Company settles OSHA retaliation case for $100,000

09/02/2014
McKees Rocks Industrial Enterprises has agreed to settle a retaliation case brought by a former employee who had complained of safety violations at the freight-handling company’s terminal near Pittsburgh. OSHA contends that the general laborer’s complaints led directly to an inspection by federal safety authorities—and that the man was immediately transferred and eventually fired as a result.

Beware sudden scrutiny after employee voices bias concerns

09/02/2014
Have an adequate but not outstanding employee? Be careful if he engages in some form of protected activity. Sud­denly deciding he’s not good enough may spark a retaliation lawsuit.

No, employees can’t sue employers for being ‘unfair’

09/02/2014
Sometimes, it seems as if anybody can sue their current or former em­­ployer and get a day in court. It’s true, anyone is welcome to fill out the blank complaint forms that courts make available to the public. But spurious complaints like this one are usually quickly dismissed.