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Pennsylvania

FMLA leave: Intermittent or all at once? Document what employee requested

10/29/2013
Employees who are eligible for FMLA leave may not need a big block of time off, but instead want to take intermittent leave. Unfortunately, which one they do take isn’t up to the employer.

EEOC: Even Guardian Angel must honor settlement

10/29/2013
Pittsburgh’s Guardian Angel Ambu­­lance Service faces an EEOC lawsuit alleging it breached a previous settlement agreement with a now-deceased former employee.

Series of slights can add up to adverse action

10/29/2013
Ordinarily, it takes a discharge, demotion or other serious decision to support a ­discrimination law­­suit. Being fired, demoted or not promoted are so-called adverse employment actions. But even a series of minor employment actions can amount to an adverse action under the right circumstances.

One slur won’t create a hostile environment

10/29/2013
Courts don’t expect workplaces to be places of complete harmony—but they do expect employers to take complaints seriously. They want to see that bosses are disciplined when they make offensive comments.

Retirement offer instead of disciplinary hearing isn’t adverse action

10/08/2013
Offering a public employee the option to retire rather than face a disciplinary hearing that could result in discharge isn’t an adverse employment action. Therefore, it can’t be the basis of an employee’s discrimination lawsuit.

Fired for death threats? No unemployment for you!

10/08/2013
A Commonwealth Court has ruled that a Ridgway man who was fired for threatening his bosses can’t collect unemployment benefits.

Police want info about an employee? Respond, be honest

10/01/2013
If you’re honest when law enforcement officials ask for information about a potential crime involving an employee, the worker can’t sue for false arrest, even if he’s not formally charged or eventually is found not guilty.

What should we do about executive’s offer of special leave allotment?

09/30/2013
Q. The daughter of one of our executive assistants was recently diagnosed with an illness that will require extensive treatment. Her boss offered her “a few extra weeks of paid vacation” to care for her daughter. He told her this before HR had an opportunity to talk to her about options for time off. We don’t think the special treatment would be received well by staff outside of the executive wing. Do we have to provide what he promised even if it’s against company policy? Is it even legal?

What are the rules on paying for time spent putting on protective gear?

09/30/2013
Q. Our company policy states that employees are not compensated for the time spent changing into their uniforms, which includes special protective wear. A new employee was surprised to find out he couldn’t clock in before getting geared up. Are we required to pay ­workers for that time, or is it up to the discretion of each individual company?

Restaurants face IRS ruling change on tips

09/30/2013
An IRS ruling may change a long-standing practice in the restaurant industry when it takes effect Jan. 1, 2014. Gratuities that restaurants impose on large groups will no longer be considered tips after that date. Instead, restaurants must count them as wages.