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McKees Rocks Industrial Enterprises has agreed to settle a retaliation case brought by a former employee who had complained of safety violations at the freight-handling company’s terminal near Pittsburgh. OSHA contends that the general laborer’s complaints led directly to an inspection by federal safety authorities—and that the man was immediately transferred and eventually fired as a result.
Q. What are the rules and laws about social media? We have employees who have generated Facebook pages with our company name. They are also posting information that we are not ready to publish—such as the opening of another store in a new city.
You may think that settling a class-action lawsuit puts an end to the matter, stopping further claims by an employee who was a member of the class. If you know an employee has filed another EEOC complaint or lawsuit, be sure to tell your attorney when the class-action suit is being settled. Otherwise, you may soon be back in court.
Q. Our smoking area is outside our building, but the smoke seems to be drifting into the ventilation system. An employee who is super-sensitive to smells has complained. Can we move smokers to their vehicles? Do we even need to provide a place for smokers onsite?
The Pennsylvania Cyber Charter School (PCCS) has lost in its bid to stop a union election among its teachers. The Pennsylvania Cyber School Education Association, an arm of the Pennsylvania School Education Association and the National Education Association, sought an election to represent the teachers working for the PCCS.
Some employees don’t get help with their potential employment lawsuits until after the EEOC has tossed out their complaints. By then, it may be too late—unless the employer makes a common mistake and pushes for more details. Instead, let it go. That way, you might win the case even if the claim was potentially valid.
These days, few attorneys accept cases they know they can’t win. That means more employees are acting as their own lawyers. Don’t make a classic employer mistake: Ignoring a pro se lawsuit in which the employee represents himself. Instead, practice patience and diligence in pushing for the court to dismiss the case.
Q. We have a couple of workers who keep getting “negative dilute” results of drug tests. Our policy is to not accept the result and to retest. Can we require the retest to be an observed collection?
A federal grand jury has indicted three Harrisburg area men on tax evasion charges stemming from their operation of several worker leasing businesses. The U.S. Attorney alleges that the three men paid workers more than $7 million in wages from 2006 to 2012 but never withheld or paid federal income taxes.
A union election at an Allentown company that provides home health care services may have turned on the vote of one person, who arrived too late to cast a ballot.