The HR Specialist: Pennsylvania Employment Law

Here’s a bit of good news. Just because an employee claims she was hurt at work and files for workers’ compensation doesn’t mean she automatically has a federal ADA retaliation case if she’s fired.

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The National Labor Relations Board’s Division of Advice recently released a memorandum that should hearten ­­employers. It concluded that requiring employees to sign an agreement that contains a noncompete clause or a “moonlighting” provision would not unlawfully interfere with an employee’s exercise of rights under Section 7 of National Labor Relations Act.

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Sometimes, an employee asks for schedule changes, extra hours or even permission to work from home now and then. If you grant such requests, track them carefully.

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Generally, simply calling in sick doesn’t trigger an employer’s obligations to offer FMLA leave. But what if the employee was very specific about his medical condition when he first called in and clearly was eligible for FMLA leave for that first absence? Does he have to be equally specific later?

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After the EEOC concluded that a female partner in the Philadelphia office of the Greenberg Traurig law firm had been underpaid by $50,000, she decided to get even.

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Absent a union contract or other established rule, you don’t have to use seniority to decide which em­­ployee should be laid off. You can use any objective measure.

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No doubt your company has a sexual harassment policy in place. However, it may have been drafted long ago and may have been long ignored by supervisors and subordinates alike. If you suspect this is the case, it’s time to dust off the document, review it and start making sure all your supervisors and managers take it seriously.

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The National Labor Relations Board has ruled against the Sands Casino in Bethlehem, holding that the casino violated the National Labor Relations Act when it refused to bar­­gain in good faith with the casino guards’ duly-elected union.

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A race discrimination lawsuit filed in 2011 by a former Pennsylvania State Police corporal got complicated late last year when allegations of other troopers’ overseas sexual hijinks surfaced.

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The Office of Federal Contract Compliance Programs has begun sending Corporate Scheduling Announcement Letters to federal contractors, warning that they may soon be subject to a compliance review or audit.

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