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Pennsylvania

Judge to U.S. Steel: Random drug testing OK

04/25/2013
Rebuffing the EEOC, a federal judge has ruled that U.S. Steel can randomly test new workers for substance abuse.

Worker on FMLA leave? Limited contact OK

04/25/2013
Sometimes, pressing business matters require a supervisor or other company representative get in touch with an employee who’s out on FMLA leave. As long as the contact is limited to true business needs and isn’t unduly restrictive or intrusive, the contact won’t cause you to lose an FMLA interference lawsuit.

Assess ADA disability against average ability

04/25/2013
The ADA doesn’t cover everyone who has any kind of medical problem. Even something like complete deafness in one ear may not be enough to make an employee disabled.

Carefully document every rule violation to defend against surprise claims

04/01/2013

You never know which fired em­­ployee might sue or for what reason. That’s why you should always carefully document all discipline, up to and including the final reason for discharge. The fact is, a legitimate business reason almost always defeats a discrimination claim.

How can I balance ADA with safety concerns?

03/29/2013
Q. Can I consider safety when deciding whether to hire a disabled applicant or retain an employee with a disability?

Must unused ‘floating holidays’ be paid?

03/29/2013
Q. We gave eligible employees a “floating holiday” in lieu of having Dec. 31 as a paid holiday. We generally pay employees for all unused vacation, sick and personal time upon termination, but we have no policy regarding an unused floating holiday. Do we have to pay workers for any unused floating holidays upon termination?

Do OSHA and other laws cover telecommuting?

03/29/2013
Q. We recently hired someone who will be working from home three days a week. Do OSHA’s regulations and standards apply to home offices? And are there any other laws we would need to be concerned about regarding telecommuting?

EEOC steps up efforts to protect against LGBT bias, harassment

03/29/2013
The EEOC has begun an effort to protect LGBT workers’ rights by broadly interpreting Title VII of the Civil Rights Act of 1964. The EEOC’s newly released Strategic Enforcement Plan for 2013-2016 lists “coverage of lesbian, gay, bisexual and transgender individuals under Title VII” as one of its top six national en­­forcement priorities.

DOL says home-based texters were employees

03/29/2013
Bethlehem-based KGB-USA has agreed to pay $1.3 million to settle charges it violated the Fair Labor Standards Act when it misclassified 14,568 home workers as independent contractors.

Rx for Rite-Aid: Pay $21 million settlement

03/29/2013
Camp Hill-based pharmacy chain Rite-Aid Corp. will pay almost $21 million to resolve charges it wrongfully classified its assistant managers as exempt from the overtime requirements of the FLSA. The settlement ends litigation that began in 2008.