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Pennsylvania

Steps you should take to derail the FMLA leave abuse train

09/09/2013
Employers face several common struggles when employees take FMLA leave, but there are ways to combat FMLA abuse in the workplace.

Calling supervisor to complain about alleged racial slur is protected activity

09/09/2013
Employees are protected from retaliation for complaining about alleged discrimination. The complaint is considered protected activity. Something as simple as calling a supervisor to complain about a co-worker’s racial slur is protected.

Does telecommuting affect nonexempt status?

09/03/2013
Q. We’ve allowed employees to work from home on occasion and are considering making it an option for some positions. Does exempt/nonexempt status matter when it comes to employees working from home on a permanent basis?

FMLA expired and we haven’t heard from worker: Can we legally terminate?

09/03/2013
Q. One of our employees was injured on the job and has been on leave for almost six months now. Her eligibility for FMLA leave expired a couple of months ago and we haven’t received a response to the notice we sent her stating that her time off under worker’s compensation counts against any leave she may be entitled to. Can she legally be terminated and replaced?

Isn’t it illegal to withhold pay as punishment?

09/03/2013
Q. When an employee fails to clock in or out properly, our payroll department withholds that day’s pay until the next pay period as a form of employee discipline. My understanding is that an employer can’t hold back portions of pay as punishment. Am I right?

When does a voluntary wellness program become involuntary?

09/03/2013
At what point is the financial incentive to participate in a wellness program or the penalty for nonparticipation so great as to render it involuntary? Per­­haps more to the point, how does the EEOC define that tipping point?

Wilkes-Barre McDonald’s faces debit card suit

09/03/2013
A former McDonald’s employee is suing a franchise owner, arguing that paying her via a payroll card—with all its attendant fees—meant she earned less than the minimum wage.

Cursing car salesman can’t get unemployment benefits

09/03/2013
A car salesman fired after he cursed and threatened a customer has been denied unemployment benefits.

State hotels rank fourth in nation in wage & hour violations

09/03/2013
Pennsylvania’s hospitality industry has earned the dubious distinction of violating the nation’s pay laws more often than those in any state outside the Sun Belt.

Put HR firewall between those who hire, handle complaints

09/03/2013
Here’s why HR professionals who handle complaints and those who screen job applications shouldn’t share information with one another: It prevents needless lawsuits over failure to hire past employees or those who complained about hiring practices in the past.