Employment Law
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OSHA has cited Merlin Industries Inc. and Thermal Concepts Inc.—two Davie businesses owned by the same family and sharing the same address—for 17 safety violations, worth $59,100 in fines.
Under the state’s workers’ compensation law, Pennsylvania employees have 120 days to report workplace injuries to their employers. But employers are free to require more immediate reports. Firing the employee for breaking a timely accident reporting rule doesn’t violate the law.
Disabled employees who need reasonable accommodations are entitled to what the ADA calls the interactive reasonable accommodations process. What exactly that means varies by the individual and may change over time. Employers that consider the interactive process as a one-time thing may end up in court.
Shakopee-based Hawkins Tree and Landscaping will pay $500,000 to pay misclassified workers as part of a consent agreement with the U.S. Department of Labor.
The ADA requires employers to work with employees who need reasonable accommodations. Show you did so in good faith by documenting the process. That means tracking email exchanges, taking notes during meetings and generally responding as quickly as possible. Be sure to note the employee’s actions, too.
Sometimes, employers settle an employee lawsuit and expect that to be the end of the matter. But unless the settlement includes an agreement not to apply for any new job openings, the former employee may do just that. And if he’s not hired, he may allege retaliation for prior litigation.
Q. We sometimes require our hourly employees to commute from the office to a two-day meeting that includes company-sponsored social activities and an overnight stay. They then return to the office after meetings on the second day. How do we pay them for this time?
Q. My company uses a time clock to track the hours of nonexempt employees. When we determine the wages to be paid to employees, can we round up or down to the nearest five-minute increment?
No matter the bad behavior of supervisors, always be ready to prove to a court that you execute your duties without any hint of bias. Doing so may save HR professionals like you from personal liability.
A federal court has refused to open up yet another avenue for employees who want to directly sue their employers.
