• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

When is an employer liable for an employee’s discriminatory comments?

06/01/2007

In April 2007, radio talk show host Don Imus made racially disparaging remarks about the Rutgers women’s basketball team on the “Imus in the Morning” show. The Imus experience serves as a high-profile example of how discriminatory comments can have serious consequences when made in an employment setting …

Include complainer’s actions in sexual harassment investigation

06/01/2007

Sooner or later, you’ll be deep in a sexual harassment investigation. When you are, make sure you look at everyone’s words and actions, not just the alleged harasser’s. It’s especially important to get a complete picture if you sense that the employee who came forward with the complaint was actively participating in what she’s now alleging was sexual harassment …

Fund managers bring whistle-Blower suit against Prudential

06/01/2007

Two former mutual fund managers are suing Prudential Financial, claiming the company violated state and federal whistle-blower laws …

You can include FMLA waiver in severance agreement

06/01/2007

Until recently, it was unclear whether Pennsylvania employers could require employees to give up the right to sue for FMLA violations in exchange for severance payments. That was because the FMLA explicitly says employees can’t waive their FMLA rights as a condition of employment …

Setting overtime with Pa. agency covers fed claim too

06/01/2007

Good news for employers: If an employee files an overtime claim with the Pennsylvania Department of Labor & Industry and the department settles the case and collects wages for the employee, the employee can’t turn around and also sue under the FLSA …

Dust off your harassment policy or face the jury

06/01/2007

Too many companies’ sexual harassment policies are ancient history—drafted almost a decade ago after the U.S. Supreme Court laid down strict liability rules for how employers must protect employees from sexual harassment. But a dusty binder on a shelf won’t do anything to protect your company …

‘Soft’ termination rationale increases chance of jury trial

06/01/2007

Does your disciplinary policy call for dismissing employees who coerce or intimidate other employees? Understand that firing an employee for violating such rules might make a jury trial more likely …

It’s final: Non-Lawyer reps OK at unemployment comp hearings

06/01/2007

After years of litigation and legislation, the Pennsylvania Supreme Court has finally put the issue to rest: Employers are free to represent themselves or hire a non-attorney advisor to present their case when an employee wants an unemployment compensation hearing …

Paying employees on commission? Clarify terms up front to defend against WPCL claims

06/01/2007

The Pennsylvania Wage Payment and Collection Law (WPCL) allows employees to sue their employers for unpaid wages, including commissions and the like. Because the WPCL allows any wage contract claim, including oral agreements, it’s important for employers to clarify the terms up front and preferably in writing …

Wilkes-Barre bipolar surgeon wins discrimination suit

06/01/2007

A federal jury awarded $250,000 to an orthopedic surgeon who claimed Wyoming Valley Health Care System in Wilkes-Barre discriminated against him because he suffered a psychiatric episode while performing a total knee replacement …