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Pennsylvania

Employee prone to ­mistakes? That doesn’t mean she’s disabled

11/27/2013
Some employees can’t seem to get it together and do their jobs properly. While an underlying medical or psychological problem may be the cause, don’t assume that’s the case if the employee hasn’t asked for help or a reasonable accommodation.

2 tactics to prevent needless litigation: Online applications and blind screening

11/27/2013
One way to ensure “blind” hiring is to create an online application process that doesn’t ask for protected-class information. Then perform initial screening without actually interviewing candidates.

Don’t let handbook create a contract

11/27/2013
Here are two easy steps to prevent your employee handbook from turning into a binding contract.

What should we do about reports that new employee smells of alcohol?

11/06/2013
Q. There have been a few reports from co-workers about a new employee smelling of alcohol, although he shows no sign of intoxication. Can we ask him if he has been drinking on duty?

It’s business as usual, even after sex change

11/06/2013
Here’s a tip for handling em­­ployees undergoing sex changes: Make sure the employee isn’t har­­assed and that it’s business as usual in the workplace. Treat the employee as you always have and don’t fear legitimate discipline or an evaluation based on performance.

Be sure to document any deviation from evaluation rules

11/01/2013

Following your own rules for discipline, promotion and evaluation is the best defense against a discrimination lawsuit. But that doesn’t mean you can’t make exceptions to your rules when the situation calls for it. Just make sure that you document why you made the exception at the time you did.

Where should we display labor law posters?

10/29/2013
Q. I recently heard that some of our posters have to be displayed where applicants can see them, not just our employees. Is that true?

What are the limits on employee monitoring?

10/29/2013
Q. How would an employer legally go about monitoring employees in the workplace?

What’s the definition of ‘right-to-work’?

10/29/2013
Q. What is the difference between a right-to-work state and a non-right-to-work state such as Pennsylvania?

Can work continue during paid lunch break?

10/29/2013
Q. Our hourly employees have a paid 30-minute lunch break. Sometimes we ask them to do some work during that time. Is this OK since we pay them or are we required to provide them with a complete break?