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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.

Should we pay nonexempt employees for voluntarily running office errands before work?

03/06/2014
Q. Because our office is in a residential area, mail isn’t delivered until the late afternoon. One of our secretaries volunteered to pick up the mail at the post office on her way to work every day. It’s not too far out of the way, but it does change her regular route to work. Are we required to reimburse her for the additional time, as well as mileage?

Supreme Court rules on ‘donning & doffing’ in union shops

03/06/2014
The U.S. Supreme Court’s unanimous interpretation on Jan. 27 of the meaning of “changing clothes” in the FLSA is significant for unionized ­­employers in industries in which workers must change clothes to begin and end their work shifts.

Sheetz makes ‘Best Companies to Work For’ list

03/06/2014
Fortune magazine has listed its 100 best companies to work for in 2014 and Altoona-based Sheetz convenience stores is the sole Pennsylvania-based company on the list.

NLRB orders Pittsburgh club to remit withheld dues

03/06/2014
The NLRB has ordered the Pitts­­burgh Athletic Association to forward union dues it collected from its employees to UNITE HERE Local 57, the union that represents club workers. The union’s NLRB complaint alleged that the club stopped remitting the dues in Novem­­ber 2012.

Corbett says he would support ban on gay discrimination

03/06/2014
Gov. Tom Corbett told the Phila­­del­­phia Inquirer that he supports a bill extending anti-discrimination protections to lesbian, gay, bisexual and transgender workers.

Lancaster nurse fired after refusing influenza vaccine

03/06/2014

Lancaster-based Horizons Healthcare fired a nurse after she refused to have a flu vaccine. The company requires its employees to get flu shots to limit potential epidemics. The nurse offered to wear a mask while on duty, instead. It’s a case that has yet to result in a lawsuit—but it could.

Using day labor? Keep relationship contractual

03/06/2014

If you sometimes need temporary help, you probably turn to companies that hire and manage day laborers. Keep the relationship strictly professional to avoid potential liability as an employer. Instruct supervisors to defer any questions on pay, hours and potential hiring to the temp agency and remind them not to promise anything.

Let injured worker stay on leave until fully healed

03/06/2014
Disabled employees who return to work before fully healed may be eligible for light-duty positions or other modifications as reasonable accommodations. However, employers that allow leave until the employee is fully healed don’t have that obligation.

Hiring consulting firm to work on site? That cuts your harassment liability

03/06/2014
Here’s some good, sensible news. If you hire a consulting firm and that company works on site, you won’t be liable for harassment between consulting firm employees.

Employee committed firing offense? Terminate ASAP–or else prepare for court

03/06/2014
If you don’t terminate an employee for an obvious firing of­­fense but later use that reason to justify a discharge, you’d better have a good explanation for the delay. Otherwise, a jury may see the move as a pretext for some form of discrimination.