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Articles by Susan Lessack
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. Is it legal to require management employees to give us a longer resignation period than other employees?
Q. I understand that I-9 forms can now be stored electronically. To save on office space and filing time, our department is considering scanning and electronically filing all personnel files and documents. Is this OK?
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Q. A group of our employees met during their break to have group prayer. A supervisor complained to our president, who said we should tell employees they can’t pray on break time, nor can they pray during lunch unless they leave the building. Some employees are upset. Is this policy legal?
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Q. We’re afraid one of our employees may have been subjected to discrimination here at work. However, she hasn’t filed a complaint. What should we do? Do we have an obligation to bring it up and investigate even if she declines?
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Q. We have salespeople who work on a straight commission basis. Do we need to track their hours?
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Q. Can we offer our nonexempt employees comp time instead of overtime pay during a pay period? If we can, do we have to offer it at one and a half times, just like overtime is paid? For example, if an employee works one hour of overtime, do we have to give him one and a half hours of comp time?
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Q. Can an employer deduct or count overtime hours from an employee’s FMLA balance? Our employees work overtime only from October through December. During that time, they’re required to work 12-hour days, seven days a week. We have several employees on both continuous FMLA and intermittent leave, and we’d like to deduct the overtime hours they would have worked from their FMLA allotment. What do you think?
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Q. Our company pays out bonuses in the year after the work is completed, sometimes late into the first quarter. If an employee resigns before the bonus payout date (say, in February), do we have to pay a bonus to that employee?
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Q. We’re planning to demote an employee for performance reasons. He’d move from a supervisory job (salaried/exempt) to an hourly job, so we would cut his pay by about $10,000 a year. What kind of notice must we give him regarding the pay cut and exemption status?
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Q. Are we required to provide a couch or cot on the premises in the event that an employee becomes ill? Are there any laws that dictate safety or health reasons for doing this?
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