HR Specialist: Pennsylvania Employment Law

Jurors in Pennsylvania are notoriously generous to fired employees. And that’s just the beginning. Aggressive attorneys don’t stop with federal laws like FMLA, ADA and FLSA: they use state and local living-wage statutes, rural codes, plus discrimination and other laws to sue employers for sky’s-the-limit damages. This Pennsylvania-specific newsletter arrives monthly to help sue-proof every aspect of HR. Written in plain English, it’s your insurance policy for staying in step with current interpretations of state and local laws – and staying out of court. Learn more about HR Specialist: Pennsylvania Employment Law and the free report you’ll get when you subscribe...
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Investigations of workplace wrongdoing sometimes take unexpected turns. Don’t hesitate to keep digging, no matter where the evidence leads. You may discover that the employee who complained in the first place hasn’t been as innocent as he claims. If it turns out that an apparent victim has actually done something wrong, you can take disciplinary action.

One of the quickest roads to the courthouse is to ignore or brush off a disabled employee’s request for accommodations. At least investigate the possibilities before denying a request.

It’s difficult to predict which employee will be the next to sue. That’s why your best defense is to treat every major employment-related decision as a potential lawsuit. How? Back it up with a solid, business-related justification.

An employee who takes FMLA leave is entitled to return to her old job or an equivalent one when she’s ready to return to work. But what if the employee can’t perform her old job, perhaps because of lingering health problems? Reassign her.

If you use independent contractors, make sure they have the freedom to work for other clients and largely set their own schedules. Those criteria are important for determining whether someone is eligible for unemployment.
When the Hershey Co. decided to stop making chocolate at its 106-year-old factory in the heart of Hershey, the company faced the choice: Move all 1,500 jobs to other states, or cut about one-third of those positions and move the remaining workforce three miles to a more modern plant. Hershey asked the Chocolate Workers Union Local 464 to accept a seven-year contract that sacrificed some jobs while boosting pay for remaining workers.
The temporary-services agency ADECCO USA has settled a string of sexual harassment and retaliation lawsuits filed by women assigned to work at Pittsburgh Plastics Manufacturing’s facility in Butler.

Many employers use software to track FMLA eligibility. Most of the time that works fine. But if you decide to terminate an employee because the software told you she wasn’t eligible for FMLA leave, double-check the calculation first. If you confirm she hasn’t worked a total of 52 weeks, you can terminate her.

“Jon & Kate Plus 8” fans can relax. Officials from the Pennsylvania Department of Labor & Industry revealed they investigated the reality show for alleged child labor violations, but found none. The revelation came during a hearing on the state’s child labor laws. But the show did not escape state scrutiny without problems.

It’s sad but true: Disabled people are sometimes the butt of jokes at work. Whether the disability is obvious or the disabled employee lets co-workers know about his condition, you can expect somebody to say something inappropriate. Of course, some comments might be good-natured teasing. That doesn’t mean you should tolerate it.

Sometimes, good employees go bad. Quite often, employers that suddenly have to terminate an employee who had been doing a great job find themselves on the losing end of a discrimination lawsuit. There’s one way to show bias played no part in the decision: Document the employee’s unacceptable behavior.

Sexual harassment cases aren’t going away. Employers that don’t take such harassment seriously put their companies in peril. It isn’t enough to come up with a policy. You must also train employees at every level about that policy and explain where harassment victims can go for help. Then you have to follow through and promptly investigate harassment claims. Finally, you must make sure your response is good enough to end the harassment.

Courts hearing ADA cases generally trust employers to establish which job functions are essential and which ones are not. But that doesn’t mean you can trump up job descriptions with “essential functions” that are never performed. Courts sometimes see that as a way to avoid having to reasonably accommodate disabled employees. They’ll only consider those functions that employees perform in reality.

Employees may be disabled under the ADA if surgery or another medical condition forces them to use the bathroom frequently. The condition affects a major life activity—elimination of wastes.
How do you handle a former employee who wants to come onto the premises and speak with other employees about her pending lawsuit? You can ban her.

Shlomo Hecht, former chief technology officer for BabyAge.com in Wilkes-Barre, is suing the web-based business for religious discrimination. Hecht, who is Jewish, claims BabyAge.com’s CEO Jack Kiefer frequently made disparaging remarks about Jews and told Hecht that he did not want a “Jew Boy Club” in the office.

Easton-based Lafayette College will pay five women $1 million to settle sexual harassment charges against a supervisor in the public safety division. According to an EEOC complaint, the supervisor repeatedly made lewd gestures and remarks, e-mailed pornography, groped female employees and even forcibly kissed them.

Sexual harassment is often a product of the power and control the harasser wields over the victim because of his or her relative position in the company, regardless of gender. But juries that might quickly side with a female victim sometimes find it difficult to sympathize with a man who has been harmed by harassment. That’s no excuse for employers to take lightly the sexual harassment of men.

Before you post a job opening and begin the search process, be sure the job description is accurate and reflects the experience and qualifications you’re looking for in the ideal candidate. Above all, don’t change the description midstream after you’ve begun reviewing candidates.

An IT technician for the city of Philadelphia spotted an opportunity when she discovered 28 city cell phones that were going unused. She rented them out to friends, family members and eight city employees. The beneficiaries of her entrepreneurship then racked up more than $30,000 worth of phone calls and texts ... She agreed to plead guilty to third-degree felony theft, obstruction and misuse of public property.
The franchisee that operates a McDonald’s restaurant on City Line Avenue in Philadelphia has settled with the EEOC, resolving a disability discrimination complaint brought by a former employee with developmental disabilities.
Employees are protected from retaliation for opposing discriminatory employer practices. But that doesn’t mean they can voice that opposition in a disruptive or discourteous way.

Under the Pennsylvania Minimum Wage Act (PMWA), employees engaged in administrative work aren’t eligible to collect overtime pay. But what about employees who spend a lot of time in the field—calling on clients or prospects, for example?

There’s a flood of employment law litigation sweeping the nation. Blame the recession. Employment-related cases are clogging court dockets at the state and federal levels. The EEOC is fielding more and more employment discrimination claims. Facing these realities, alternative dispute resolution is becoming increasingly popular as parties look for more efficient, less expensive conflict-resolution mechanisms. Arbitration is the type of alternative dispute resolution that’s attracting the most attention.

Employees with psychological problems may claim they can’t handle the stress of working more than a regular 40-hour week. But if that’s the only restriction the employee has, he’s probably not disabled.