Employment Law

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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.

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.

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.

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?
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?
In a union workplace, the collective bargaining agreement outlines rights for both employees and the employer. It also defines the powers an arbitrator may have if called on to interpret the contract. If the arbitrator goes too far, a court can reverse his or her decision.
A federal court has refused to open up yet another avenue for employees who want to directly sue their em­­ployers.
OSHA has cited Boomerang Rubber Inc. with 31 health and safety violations after a worker’s arm was amputated while he was performing maintenance on a rubber processing machine at a truck mat and mud flap manufacturing plant in Botkins.
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.
Asking to have a position re­­classified at a higher pay grade isn’t the same as requesting a promotion. If the request is turned down, the employee can’t sue for a denied promotion.
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