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Pennsylvania

Employment Lawyer Network:
Pennsylvania

Susan K. Lessack (Editor)

Pepper Hamilton LLP
Pennsylvania Employment Law

LessackS@PepperLaw.com
(610) 640-7806

Click for Full Bio

Susan K. Lessack is a partner in the Berwyn and Philadelphia offices of Pepper Hamilton LLP. She concentrates her practice in employment counseling and employment litigation. Ms. Lessack’s experience includes counseling employers on matters related to compliance with federal and state labor and employment laws, counseling regarding employee discipline and terminations, conducting investigations of employee conduct, including harassment, training employers on their obligations under employment laws and litigation avoidance, and developing employment policies. She defends employers in litigation of employment discrimination claims, wrongful discharge claims, and claims under federal and state employment-related statutes, such as the Family and Medical Leave Act and the Pennsylvania Wage Payment and Collection Law.

Remind supervisors: Absolutely no comments about employee’s pending EEOC complaint

09/26/2012
There are some words that should never come from a supervisor’s mouth—including any statement that would seem to encourage an employee to drop an EEOC complaint. That just about guarantees that a retaliation or interference lawsuit will go to trial should anything adverse (like a discharge or demotion) happen to the employee to whom the supervisor was speaking.

When employee alleges management bias, don’t blindly accept the boss’s denial

09/26/2012
Surprise! Some of your supervisors may be biased—something they would probably deny if confronted. If an employee complains that her boss is prejudiced, don’t just accept the manager’s protestations of innocence as the last word. Investigate instead.

Newly promoted boss not working out?

09/26/2012
Not every employee is cut out for management. Someone who was a true asset as a skilled worker may be a bust after being promoted. If that happens in your organization, exercise patience before terminating.

New law allows for 8/80 health care workweek

09/26/2012
A new law amends the Pennsylvania Minimum Wage Law to bring it into line with the FLSA, which requires health care employers to pay overtime only if employees work more than eight hours in a day or 80 hours in a 14-day period.

Philly security firm sued over Muslim head scarf

09/26/2012
The EEOC is suing ABM Security Services, which provides guards for the Pennsylvania Convention Center in Philadelphia, for religious discrimination after an employee claimed she was forced to choose between keeping her job and wearing her traditional Muslim head covering.

Reasonable accommodation? Not employee’s call

09/26/2012

Some disabled employees think the ADA allows them to demand a particular accommodation and turn down their employer’s suggestions. That’s not true. Employees don’t have to like the accommodations you propose …

Document solid reasons for firing complainer

09/26/2012
Employees who complain can be annoying, especially if you believe their gripes don’t have merit. But firing such an employee can be dangerous because complaining about discrimination or other legal issues is protected activity that can’t be punished.

OK to pay overtime to salaried supervisors?

08/23/2012

Q. Our company pays overtime to salaried supervisors for hours they work over 40 in a week. I have never heard of this compensation practice. Is it legal?

Is it legal to terminate a highly paid employee just because he earns so much?

08/23/2012

Q. We need to cut costs, and have started to explore trimming our staff, starting with those who earn far more than other employees. Are there any dangers in doing so? Can we legally fire a high-earner because of his salary?

What should we keep in personnel files?

08/23/2012
Q. Does Pennsylvania law specify what we should keep in personnel files?