Pepper Hamilton LLP
Berwyn, PA
www.pepperlaw.com
lessacks@pepperlaw.com
(610) 640-7806
Susan K. Lessack 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.
Susan Lessack
Q. Can we change employees’ work hours on short notice by altering their schedules? Also, we have a part-time employee who’s been employed for a few months working 32 hours a week. She’s preparing to return to work after recovering from a car accident. Can we reduce her work hours?
Q. We are thinking about using personality tests to evaluate whether applicants would be friendly and communicate well with our customers. Does using such a test expose us to potential lawsuits?
Q. If we have several qualified applicants for a job, are we required to select a qualified applicant with a disability over other applicants without a disability?
Q. Our policy says employees who work on holidays are paid time-and-a-half. If an exempt employee works on a holiday, can I pay him time-and-a-half?
Q. If an employee claims he was discriminated against by the same supervisor who hired and fired him, does the employer have a defense to the discrimination claim?
Q. Is there a law that states the number of hours necessary to be considered full time for being eligible for paid holidays? Our handbook says an employee who works fewer than 40 hours a week is considered part time. An employee who works 34 hours a week wonders if he should be eligible for paid holidays. Our handbook says he’s not. Is that OK?
Q. The animal care officers who work for us spend 80% of their time driving and responding to rescue calls via cellphone. Requiring them to pull off the road while talking on their phones wouldn’t work. Is there another way to limit our liability?
Q. We plan on hiring a college intern later this year. Will we have to pay him or her?
Q. I recently found out that one of our designers has been freelancing on the side. It doesn’t seem to be interfering with her work, but is there anything we can do legally to protect the interest of the company?
Q. Can we suggest psychiatric help for an employee we suspect may be having trouble with substance abuse? And can we require a random drug test?
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