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Employment Law

Worker–not just doctor–can prove incapacity

04/28/2010

The FMLA allows up to 12 weeks of unpaid leave for eligible employees who work for covered employers to deal with their own serious health conditions. Typically, employees must visit a doctor to establish the existence of an underlying medical problem that makes the employee unable to perform her job for three consecutive days. But what if the medical provider merely says the employee may be off for one or two days?

Consider shift change to accommodate disability

04/28/2010

Generally, employers aren’t responsible for helping their disabled employees with their commutes. For example, unless an employer provides transportation for other employees, it doesn’t have to do so for disabled ones. But what if an employee needs to change her schedule so she can make the commute to work? Does the employer have to accommodate the request? Perhaps.

Should we pay for employee’s drive from his home to a training seminar?

04/28/2010
Q. What if an employee drives his own car to a seminar that’s two hours away? Should he get paid for his driving time to and from the seminar, even if he leaves from home and drives straight home afterward?

Are arbitration agreements right for your organization?

04/28/2010

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.

Bethlehem’s St. Luke’s hospital won’t hire smokers

04/28/2010

St. Luke’s Hospital and Health System in Bethlehem will screen new hires for tobacco use and not hire anyone who tests positive for nicotine. Current employees will not be tested. Employees who fail the screening may try again in six months.

Enterprising techie rents city’s phones to family, friends

04/28/2010
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.

Philly area McDonald’s will pay disabled worker $90,000

04/28/2010
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.

Rate of union membership fell in Pennsylvania in 2009

04/28/2010

According to the latest numbers from the Bureau of Labor Statistics, Pennsylvania lost 65,000 union jobs last year, and the rate of union membership declined from 15.4% to 15%. The number of union jobs in Pennsylvania fell from 847,000 to 782,000.

Inability to work overtime doesn’t constitute disability

04/28/2010
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.

Don’t rewrite job description in middle of hiring process

04/28/2010

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.