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Pennsylvania

Feds issue new I-9 form; start using it by May 7

03/29/2013
After more than a year of discussion, that old stalwart of HR paperwork—the I-9 form—finally got its much-anticipated face-lift. On March 8, the U.S. Citizenship and Immigration Services (USCIS) issued a new version of the Employment Eligibility Verification form.

Picket line comments don’t affect unemployment eligibility

03/29/2013
What striking workers say on the picket line is largely protected speech, even if it’s offensive. What’s said on the picket line is protected speech under federal law, not willful misconduct under Pennsylvania law.

Get resignation in writing before accepting it

03/29/2013
When employees quit, always ask them for a written resignation.

Know when to worry about discrimination–and when court will rule ‘no harm, no foul’

03/29/2013
The key issue in most race discrimination cases: different treatment for people of different races. A court recently ruled that it wasn’t protected activity when a black employee complained that one black job applicant had been subjected to greater scrutiny than another black applicant.

Watch out! Simple harassment suits can suddenly become costly emotional distress claims

03/29/2013
Because damages are unlimited in Pennsylvania common-law tort claims, disgruntled employees and their attorneys sometimes try to turn run-of-the-mill harassment cases into intentional-infliction-of-emotional-distress lawsuits. The payoff can be huge.

When employee has used up FMLA leave, consider additional time off under the ADA

03/29/2013
It’s a perennial puzzle: How should employers handle it when an em­­ployee has an FMLA-covered serious health condition that is also an ADA disability? Answer: Consider FMLA leave the minimum amount of un­­paid leave the employee can take.

Overbrook man sues Walmart, wants class action suit

03/29/2013
A former assistant manager at a Walmart store in Overbrook, Pa., is suing the retailer, claiming it repeatedly violated the FLSA by classifying assistant managers as exempt employees—and he wants to raise the stakes by turning the case into a class action lawsuit.

Appeals court upholds whistle-blower’s award

03/29/2013
Federal appeals courts are becoming more sympathetic to employees who report workplace dangers. The 3rd Circuit Court of Appeals has backed a plaintiff who says he suffered retaliation for claiming he was traumatized by a workplace accident.

You could personally pay for FMLA violations

03/29/2013
Some federal labor laws provide extra incentive for managers to understand how to administer them. The FMLA is one of those laws. It provides for individual liability for those who are responsible for approving FMLA leave and ensuring the employer follows the law on leave and reinstatement.

Layoff and then a walkout: What’s our COBRA obligation?

03/12/2013

Q. Our business recently was forced to implement layoffs—and most of our remaining employees walked off the job. All were given a COBRA notice, but only one chose to take the coverage. Since this was a group insurance policy and only one person will now be insured, the insurer is canceling our policy. What’s our responsibility to that ex-employee?