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Employment Law

Take steps to stop pervasive anti-female attitudes, practices

09/24/2008

When you think of a sexually hostile work environment, the scenario usually involves crude sex talk, bawdy photos and other prurient activities. But those aren’t the only markers of a hostile environment. In fact, a pervasive anti-female attitude that has nothing to do with sex can lead to a lawsuit, too …

Ban obviously racist comments, or prepare to face EEOC discrimination lawsuit

09/24/2008

Some talk doesn’t belong at work. Period. If you don’t ban racist comments, you’ll probably face an EEOC lawsuit …

Lukewarm response to racism leads to walkout

09/24/2008

Eighteen workers filed a complaint with the Pennsylvania Human Relations Commission (PHRC) against retail hardware supplier Crown Bolt in August to protest racist graffiti in the Carlisle warehouse where they worked …

Company owes back wages after misclassifying traveling workers

09/24/2008

The Pennsylvania Department of Labor (DOL) has ordered Lebanon-based Pennsylvania Counseling Services (PCS) to pay $196,477 in back wages to 203 mobile employees who were improperly classified as exempt from overtime …

Portlock Maintenance Systems workers got a bum deal

09/24/2008

An investigation by the New York State Department of Labor (NYSDOL) revealed that restroom attendants at numerous state fairs in western New York, New Jersey and Connecticut were not only unpaid, but were forced to give 50% of their tips to their employer, Easton-based Portlock Maintenance Systems …

Trouble in the air: The legal ailments of sick-building syndrome

09/24/2008

Although it may seem like the far-fetched excuse of an employee hoping to take a few days off from work, a condition known as “sick building syndrome” (SBS) is real. Some employees suffering from SBS have brought claims under the ADA. Others have sought recovery under state workers’ compensation laws …

Is it illegal to read others’ work e-mail?

09/24/2008

Q. I have reason to believe that someone in my department is reading my e-mail without my consent. Isn’t that illegal? …

What should we do if we suspect an employee is abusing workers’ comp?

09/24/2008

Q. How far can we go to make sure employees aren’t taking advantage of our company while they’re out on workers’ comp leave? Can we, for example, call them at home to make sure they are resting and not out working another job or otherwise abusing the system? …

Can we require male employees to keep their hair cut short?

09/24/2008

Q. May we require male employees’ hair be a certain length, or is that discrimination? Also, may we prohibit beards? …

Is it OK to exclude vacation pay when figuring base rate for overtime?

09/24/2008

Q. When we are figuring employees’ base pay for overtime calculations, can we exclude their vacation pay?