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Employment Law

Note date when worker first learns of lost job

04/02/2010
It’s common for employers to let employees know in advance that they’re about to lose their jobs or have failed to win coveted promotions. Getting bad news like that can make some employees wonder whether discrimination might have played a role.

Employee is injured while driving for coffee: Is he due workers’ comp?

04/02/2010

In most states, employees can earn workers’ comp coverage for injuries that occur “in the course of employment.” That can be a fuzzy term. In the following case, you be the judge:

Vulgar e-mail: React differently if sent from home?

04/01/2010

Q. One of our employees sometimes sends offensive jokes to her fellow employees from her home e-mail account. We’re worried that someone may take offense and sue for racial or other harassment. What can we do if she’s sending this from home?

How should we calculate paid ‘on-call’ time?

03/26/2010
Q. We have a maintenance employee who we will soon put “on call” for various shifts—occasionally at night—to fix equipment. How should we handle his on-call pay?

Can we offer comp time instead of overtime pay for nonexempt employees who work OT?

03/26/2010
Q. Can we offer our nonexempt employees comp time instead of overtime pay during a pay period? If we can, do we have to offer it at one and a half times, just like overtime is paid? For example, if an employee works one hour of overtime, do we have to give him one and a half hours of comp time?

Teamsters end strike, sign pact with Philly Produce Terminal

03/26/2010

Teamsters Local 529 has ended its strike against the Philadelphia Produce Terminal, the second largest such facility in the nation. The Teamsters will get a small wage increase and better health benefits.

Independent contractor alert: Feds on the lookout for misclassification

03/26/2010

Companies that use freelancers, consultants, per diems, long-term temps and other contingent workers are under assault. The federal government is poised to take a leading role in cracking down on employers it suspects of misclassifying employees as independent contractors. The feds aren’t alone …

OSHA fines Western Pa. roofer following 2009 fatal fall

03/26/2010

A Pittsburgh-area roofing company must pay more than half a million dollars in federal fines following the accidental death of one of its employees last year. OSHA fined C.A. Franc Construction Co. for failing to protect workers from falling on its job sites.

You have personal liability under FMLA and ERISA

03/26/2010
Here’s food for thought: HR professionals and managers who terminate an employee for trying to get the benefits he is due under the FMLA or a company benefit plan are personally liable for the resulting harm.

Terminating for attendance? Don’t make FMLA a factor

03/26/2010
Employers have every right to terminate employees who can’t come to work on time—but not for taking FMLA leave.