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Pennsylvania

Is our ‘working supervisor’ properly classified?

04/25/2013
Q. We have an hourly worker who oversees both the maintenance and housekeeping departments and supervises two employees. In this job, he has the authority to hire and fire. However, he is also a “working” supervisor who performs maintenance in and around the property. Can his status be changed to salary/exempt?

Should I register for online access so I can monitor employee’s social media activity?

04/25/2013
Q. An employee has brought to my attention that another employee seems to be spending much of the workday posting to a social media site … Apparently, the website doesn’t require being someone’s “friend” to see their social media activity. Is it OK if I sign up with the site to monitor his use?

From workers’ comp to part time: Can we reduce employee’s leave benefits?

04/25/2013
Q. We have an employee who was out on workers’ comp and has recently returned to work part time. (She is still collecting partial workers’ comp benefits.) Can we adjust her vacation and personal leave time to reflect the limited hours she’s working, or is she entitled to the full amount of days?

Prepare now for the data breach that will inevitably hit you

04/25/2013
Most companies maintain large amounts of data about their employees, some of which may be considered personally identifiable information. It must be carefully guarded to ensure employee privacy and prevent identity theft. You must understand the relevant laws and your obligations to protect employee data.

Supremes to hear U.S. Steel ‘changing clothes’ case

04/25/2013
The U.S. Supreme Court has agreed to hear a case involving Pittsburgh-based U.S. Steel. Workers at the company’s Gary, Ind., plant claim they should be compensated for the time it takes them to change clothes for work at the work site.

Court: ADA class-actions generally won’t fly

04/25/2013
Because the ADA requires employees to show they are disabled based on individual restrictions, a class-action lawsuit against an employer isn’t appropriate in most cases.

Courts lose patience with hypersensitive employees

04/25/2013
Courts are getting quicker with the gavel when it looks like a lawsuit might have been filed by an overly sensitive employee who perceives vague comments as harassment.

How to draw DOL scrutiny: Withhold pay, fudge time sheets

04/25/2013

The DOL’s Wage and Hour Division doesn’t want to see any funny business when it comes to accurately recording hours worked or paying employees on time. Don’t even think about manipulating payroll systems. Doing so will result in double damages going back three years.

After employee files internal complaint, beware anything that might look like retaliation

04/25/2013
Here’s something to warn super­visors about after an employee has filed a discrimination or harassment complaint: Even if the initial complaint proves unfounded or too minor to be illegal, any punishment the complaining employee experiences later may amount to retaliation.

Landscaping company illegally trimmed wages

04/25/2013
Cyrilla Landscaping in Coraopolis, outside Pittsburgh, has agreed to pay $39,091 in back wages to 29 workers following a DOL investigation—plus another $39,091 because the feds found the violations were willful.