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Pennsylvania

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.

Restaurateur tries the ‘I yell at everyone’ defense

09/30/2013
The subject of an EEOC gender discrimination lawsuit claims he berates all his employees, not just the women. The owner of Ricardo’s Restaurant in Erie said so in a response to a sexual harassment suit filed against him by a former employee.

Company that provided, then pulled FMLA faces trial

09/30/2013
Forward Air may have to go to court after it granted but then denied a request for FMLA leave from an employee at its Harrisburg air freight facility.

Filing a grievance isn’t protected speech

09/30/2013
Government employees can’t be punished for exercising their First Amendment rights. But that rule has important restrictions. One of those is that, ordi­­narily, filing an internal grievance isn’t protected speech.

11th Commandment: If employee truly believes, thou shalt accommodate

09/30/2013
When an employee cites her religion as a reason she can’t abide by a company rule or requirement, it’s not up to the you to judge the validity of that belief. As long as it’s a sincerely held belief, employers have to look for a reasonable accommodation that meets the employee’s needs.