Employment Law

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Pennsylvanians who knowingly hire illegal immigrants would lose their professional licenses under a bill being considered by the Pennsylvania Legislature. The “one-strike-and-you’re-out” law would yank licenses for first-offense violations.
Independent contractors aren’t eligible for unemployment compensation when their services are no longer needed. But just because you sign an agreement that says someone is an independent contractor doesn’t mean he really is.
When it comes to accommodating disabilities, the process is supposed to be interactive. That means both the employee and em­­ployer are supposed to discuss how best to accommodate a disability while meeting everyone’s needs. It’s important to keep excellent records showing your efforts at accommodation and em­­ployees’ responses—especially if they are less than cooperative.
If you’ve been worried that some of your workers may be incorrectly classified as independent contractors, but leery about opening a legal can of worms to fix potential problems, Uncle Sam is offering to cut you a break.
A federal judge has issued a temporary restraining order that prohibits a New Jersey hospital from forcing 12 nurses to participate in training or services related to abortions.
The 9th Circuit Court of Appeals has reversed a lower court decision that allowed a teacher to display banners with the word “God” in the classroom.
Many frivolous lawsuits are filed by individuals who represent themselves—and who are so poor that they are exempt from paying filing fees. Courts are now refusing to allow appeals without payment of those fees if it seems clear the appeal would be brought in bad faith.
Here’s an important note for companies that use subcontractors to carry out work. The state Division of Occupational Safety and Health can cite your company for on-the-job injuries if it appears you were a controlling employer.
When an employer loses a discrimination or other job-related lawsuit, the employee who sued typically recovers attorneys’ fees in addition to any lost pay or other damages. The same isn’t true if the employee loses.
The National Labor Relations Board has ruled that private-sector employers must post a notice advising employees of their right to join a union. And a new amendment to the New York City Human Rights Law imposes a higher burden on employers that assert that accommodating an employee’s or pros­­pective employee’s religious observance or practice would constitute an “undue hardship.”